MINUTES OF THE FERNLEY CITY COUNCIL MEETING December 5, 2012

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1 MINUTES OF THE FERNLEY CITY COUNCIL MEETING December 5, 2012 Mayor LeRoy Goodman called the meeting to order at 5:03pm at Fernley City Hall, 595 Silver Lace Blvd, Fernley, NV. 5:03 p.m. OPEN MEETING PLEDGE OF ALLEGIANCE 1. Administer the Oath of Office to newly elected and re-elected official, and seating of newly elected and re-elected officials. Justice Court Judge Robert Bennett issued the Oath of Office to newly elected Councilmember s Susan Siedl and Dan McCassie and re-elected Councilman Cal Eilrich. All three members took their seat on the dais. 2. ROLL CALL. Present: Mayor LeRoy Goodman (Not Voting) Councilwoman Kelly Malloy, Councilman Dan McCassie, Councilman Roy Edgington, Councilwomen Susan Seidl, Councilman Cal Eilrich. City Attorney Brandi Jensen (Not Voting), Community Development Director Morja Hauenstein (Not Voting), Acting Assistant Planner Melinda Bauer (Not voting), City Engineer Shari Whalen (Not Voting), City Treasurer Denise Lewis (Not Voting), City Clerk Kim Swanson (Not voting) Acting City Manager Daphne Hooper was absent. 3. APPROVAL OF THE AGENDA There were no changes to the agenda. Motion: MOVE TO APPROVE THE AGENDA AS SUBMITTED, Action: Approve, Moved by Councilman Edgington, Seconded by Councilman Eilrich. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).Yes: Councilman Seidl, Councilman Edgington, Councilman Eilrich, Councilman McCassie, Councilwoman Malloy. 4. PUBLIC INPUT. Sam Dally, Fernley resident, inquired if lights could be added to the Bike Path so it could be used at night. He also stated that in the Picetti Lots there are several street lights that are burned out and asked if those could be replaced.

2 John Reichlein, Fernley resident, stated that Washoe County has introduced a Code Red System. He wants to see the reverse 911 on the agenda for a future meeting. Janice Prichard, Fernley resident, stated she spoke with Mr. Parsons earlier in the day and he said he was sorry he could not make the meeting. She was pleased to see two women on the Council. She asked if someone would look into the house on G Street that got fire in June. It is for sale and the roof is caving in, which cannot be good during these winter months. She wanted to know if it is a safety issue. Mrs. Prichard stated regarding Item 9 she had a problem appointing someone to the position of Judge who is not an Attorney or has never acted as a judge before. Darcy Adcock-Ingle, Coldwell Banker Select, gave the Real Estate Report for the month of November. She reported 41 homes were sold, 38 were stick built, 3 were manufactured homes, 21 had no conditions, 6 were banked owned, 10 were short sale, and 1 was a court approval. She stated there are 114 homes pending and 61 homes actively being marketed. She stated the price per square foot is averaging $ Fran McKay, Chamber of Commerce representative, reminded everyone of the Christmas Parade on Saturday at 11: RECOGNITION OF EMPLOYEES Denise Lewis recognized Melinda Brazzanovich as December employee of the month. 6. CONSENT AGENDA: A. Possible Action to accept Vouchers Report. B. Possible Action to approve Minutes 10/17/2012 & 11/7/2012 C. Possible action to accept 1979 Caterpillar Motor Grader 130G, serial number 74V01530, donated to the City of Fernley from Lyon County. D. Possible action to authorize the execution of the Water Rights Dedication Agreement for James Wadsworth, , TCID Serial Number B and , TCID Serial Number B-1. E. Possible action to accept Storm Drain Master Plan Grant From United States Bureau Of Reclamation through the Nevada Department of Conservation and Natural Resources (DCNR) and approve funding arrangement and responsibilities between the City Of Fernley and The Nevada DCNR. 12/5/2012 FCC Page 2 of 20

3 {END OF CONSENT AGENDA} Mayor Goodman read the Consent Agenda into the record. Motion: MOVE TO APPROVE THE CONSENT AGENDA 6.A THOUGH 6.E AS SUBMITTED, Action: Approve, Moved by Councilman Eilrich, Seconded by Councilman Edgington. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman McCassie, Councilman Edgington, Councilman Eilrich, Councilwoman Seidl, Councilwoman Malloy REPORTS. This item is for various public entity representatives to provide general information to the Council and public. No action will be taken. A. Reports by Lyon County Sheriff s Department, North Lyon County Fire Protection District and additional reports as recognized by the Mayor including but not limited to monthly statistics, recent fires and major criminal cases. Lieutenant Bryan Parsons stated he did not get a chance to report the asked to give his October and November reports. October Statistics he He started with October stating the Department responded to 204 criminal calls, 161 non-criminal calls, 43 domestic violence, 134 follow-ups, 65 traffic stops, 195 civil papers, 15 animal related calls, 3 coroner, 151 public service calls, 52 calls to assist other agencies, 35 alarms, 7 property damage accidents, 2 injury accidents, 7 private property accidents, 211 reports were written, 4 felony arrests, 3 domestic violence arrests, 1 gross misdemeanor, 5 misdemeanor arrests, 18 traffic citations, 24 non-traffic citations, for a total of 2084 for October. He reported the calls for November were 204 criminal calls, 174 non-criminal calls, 31 domestic violence, 170 follow-ups, 86 traffic stops, 136 civil papers, 15 animal related calls, 4 coroner, 111 public service calls, 42 calls to assist other agencies, 38 alarms, 6 property damage accidents, 8 private property accidents, 203 reports were written, 12 felony arrests, 3 domestic violence arrests, 1 gross misdemeanor, 12 misdemeanor arrests, 15 traffic citations, 25 non-traffic citations, for a total of 2109 total calls for service. Lieutenant Parsons also reported that last month the Lyon County Sheriff s Office partnered with a youth group in Dayton in the first Tag Teams against Graffiti He stated they took kids from Dayton High School around to various areas where there was graffiti and the students painted over the graffiti. He stated they are 12/5/2012 FCC Page 3 of 20

4 looking to start this program in Fernley if there are any youth groups that are looking for community service hours they can contact him. Chief Cleveland, North Lyon County Fire Protection District, reported that the District ran a total of 162 emergencies, 3.7% of which were fire related, 82% were emergency medical related and the remainder was a mix of other responses/calls. The average response time was 6 minutes and 4 seconds. He stated that Lyon County Communications has a system very similar to the reverse 9-11 response that the gentleman was inquiring about in Public Input. B. Report by Councilman Edgington and Mendy Elliott on the Local Government Summit. Mendy Elliott, Forte LLP, congratulated the newly elected Councilmember s and looked forward to working with them during the Legislative Cycle. She reported that on Friday, November 16 th attended the Local Government Summit along with Councilman Edgington. She reported that the attendance was great from both the rural and urban jurisdictions from across the state. Because of this there were great presentations and discussions. Councilman Edgington reported on the tax portion of the Summit (attachment 1). He stated an important issue that needs to be watched very closely during this Legislation Session is not only what will be taxed but how it will be taxed. This can run businesses out or stop them from coming to Fernley. Ms. Elliott updated the Council on the BDR for C-Tax. She stated the draft language is still being worked on. She explained the problem with the BRD and the proposed changes will not help Fernley at all due to the base. She stated they are fighting hard and educating the legislatures as to what the Consolidated Tax revenue strings are for the City of Fernley. She also reported on other Bills that will come before the Legislature this session. She reported David Frazier Executive Director for League of Cities has resigned. The League is currently looking for a replacement. 8. Discussion and possible action to approve the Mayor s Appointment of Stan Lau to the Fernley Planning Commission. Mayor Goodman introduced Mr. Stan Lau. Mr. Lau stated he appreciated the opportunity to help the City of Fernley. He has been in the construction industry for over 15 years. Motion: MOVE TO APPROVE THE APPOINTMENT OF STAN LAU TO THE FERNLEY PLANNING 12/5/2012 FCC Page 4 of 20 she

5 COMMISSION. Action: Approve, Moved by Councilman Eilrich, Seconded by Councilman Edgington. Vote: Motion carried by unanimous roll call vote (summary: yes = 5). Yes: Councilwoman Siedl, Councilman Edgington, Councilman Eilrich, Councilman McCassie, Councilwoman Malloy. 9. Discussion and possible action to approve the Mayor s Appointment of Lori Matheus as Municipal Court Judge. Mayor Goodman introduced Mrs. Lori Matheus. She stated she was honored to be considered for the Municipal Court Judge for the City of Fernley. She has been a Lyon County resident for over 35 years. She has worked for the Nevada Judiciary System for 22 years, her experience ranges from Municipal Court, Justice Court and District Court. She added she sits on numerous state and local committees that are designed to enhance the Judicial System. Councilman Edgington disclosed that he applied for the job. He said he applied originally to find out what the process was. He said he was thoroughly impressed with the process and the questions that were asked. Motion: MOVE TO APPOINT LORI MATHEUS AS FERNLEY MUNICIPAL COURT JUDGE EFFECTIVE JANUARY 2, Action: Approve, Moved by Councilman Edgington, Seconded by Councilman Eilrich. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilwoman Seidl, Councilman Edgington, Councilman Eilrich, Councilman McCassie, Councilwoman Malloy. Judge Robert Bennett swore in Planning Commissioner Stan Lau and Municipal Court Judge Lori Matheus. 10. Presentation and discussion by the United States Bureau of Reclamation regarding the 2013 Truckee Canal Safe Flow Assessment. Kenneth Parr, Lahonton Area Basin Office Manager, provided the City Council with new information on activity that the Bureau of Reclamation will be conducting the beginning of March Mr. Parr introduced Mr. Lee Burget, Newlands Project Coordinator. Mr. Burget presented the Safe Flow 2008 Review (attachment 2). 12/5/2012 FCC Page 5 of 20

6 Councilman Edgington inquired if this review will occur every 5 years as standard practice by the Bureau. Mr. Burget stated he believes there will be a consideration for a re-evaluation because this is meant as an interim flow restriction. He added it will be up to the panel to decide the appropriate re-evaluation time. 11. PUBLIC HEARING Presentation, discussion and possible action on the Fiscal Year 2013 Community Development Block Grant (CDBG) application for a Downtown Corridor Revitalization Plan and City Sponsorship of CDBG Set-Aside Projects; University of Nevada Reno s Small Business Development Center Grant, Western Nevada Development District s Small Business Revolving Loan Grant and Churchill County s Homeless Continuum of Care applications. Leslieann Hayden, Grants Administrator, stated this is the second Public Hearing on the items that are being submitted for CDBG Applications. She stated the agenda packets include the application requests for Nevada Small Business Development Program. This program is business counseling which was funded last year and is through the University of Nevada Reno and currently operating out of the BET Center located in City Hall. She stated they would like to apply again. She said a new applicant this year is Western Nevada District. They are submitting for a revolving loan fund. Churchill County Social Services is applying for homeless funds. She stated all three of these funds are set aside through the State of Nevada, which means the funds are specifically delegated for these types of projects. She stated there is no competition for these applicants at this time. The Application is due January 8, She is hoping for a final decision from the Council. She stated based off of the Community Assessment, and the Federal Funding Priorities, the best application for the City to submit this year would be for a Downtown Revitalization Plan. She stated without a plan in place, the City cannot submit for additional funding for sidewalks, streets, lights, etc. Winnie Dowling Nevada Small Business Development thanked the Council for hosting the $50,000 set aside to provide Economic Development Services. She stated this program is for people interested in starting or growing a business. She explained the program and stated she would like to continue the partnership and apply for the same project again this year. 12/5/2012 FCC Page 6 of 20

7 Ron Redial, Western Nevada Development District, explained the Small Business Revolving Loan Fund. He stated he is working with the City of Fernley to apply for set aside funds in the amount of $85,000. They are looking to use those funds within the Nye County region of the Western Nevada Development District. He explained the program stating the purpose is to have the funds made available for jobs held by low to moderate income persons, as based on family size. The thrust of the program is job creation. Shannon Earnest, represented the Rural Continuum Care Program. She explained Continuum Care is a community plan to organize and deliver housing services to meet the specific needs of the homeless. She stated the goal is to build self sufficiency among the homeless. She stated without having this program within the State, federal dollars cannot be accessed. Mojra Hauenstein, Community & Economic Development Director, explained the CDBG grant would be for the Downtown Corridor Revitalization. She stated this is based on the Community Assessment needs. She stated she is looking at not just the existing infrastructure but also creating new venues. Mayor Goodman asked if there was anyone from the public that wanted to speak to this item. There was no public comment. Motion: MOVE TO APPROVE THE CITY S SUBMITTAL TO THE STATE OF NEVADA CDBG PROGRAM FOR THE CITY OF FERNLEY DOWNTOWN CORRIDOR REVITALIZATION PLAN APPLICATION AND SPONSORSHIP OF APPLICATIONS FOR THE UNIVERSITY OF NEVADA RENO S SMALL BUSINESS COUNSELING PROGRAM, WESTERN NEVADA DEVELOPMENT DISTRICT S SMALL BUSINESS REVOLVING LOAN PROGRAM AND CHURCHILL COUNTY S RURAL CONTINUUM OF CARE PROGRAM Action: Approve, Moved by Councilman Eilrich, Seconded by Councilwomen Malloy. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilwomen Seidl, Councilman Edgington, Councilman Eilrich, Councilman McCassie, Councilwoman Malloy. 12. PUBLIC HEARING Discussion and possible action to adopt Bill #180 as an Ordinance authorizing the City of Fernley to enter into a Development Agreement (DA 13-05) to allow for the release of the surety bonds for Green Valley Estates Tentative Subdivision 12/5/2012 FCC Page 7 of 20

8 Map, (TSM 03-08), condition of approval #4 on Phase 5A, B and C, located west of Ricci Lane and north of TCID Canal; APN s and 09, and other matters properly related thereto. City Engineer Shari Whalen stated there were no changes to the staff report. Mayor Goodman stated this was a Public Hearing asking if anyone from the public wanted to speak to this item. There was no Public Comment. Motion: MOVE TO ADOPT BILL #180 AS AN ORDINANCE AUTHORIZING THE CITY OF FERNLEY TO ENTER INTO A DEVELOPMENT AGREEMENT (DA 13-05) TO ALLOW FOR THE RELEASE OF THE SURETY BONDS FOR GREEN VALLEY ESTATES TENTATIVE SUBDIVISION MAP, (TSM 03-08), CONDITION OF APPROVAL #4 ON PHASE 5A, B AND C. Action: Approve, Moved by Councilman Edgington, Seconded by Councilwoman Malloy. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilwoman Seidl, Councilman Edgington, Councilman Eilrich, Councilman McCassie, Councilwoman Malloy. 13. PUBLIC HEARING Discussion and possible action to adopt Bill #181 as an Ordinance amending Municipal Code, Title 8: Parks and Recreation, and other matters properly related thereto. City Engineer Shari Whalen stated there were no changes to the report. She stated based on the questions from last meeting she pointed out there are three chapters in the draft ordinance. She explained the first chapter is the Parks Rules. She stated there have been revisions to the Parks Rules which is largely housekeeping. In consultation with the City Attorney and the Lyon County Sheriff s Office this Ordinance meets the intent of the law and provides more flexibility. She stated Chapter 2 has not been revised it is the existing Ordinance, it is included as part of the Parks Ordinance. She added Chapter 3 has been revised as discussed at the last City Council Meeting. Councilwomen Seidl suggested a typographical change to Section 8 regarding dogs. Mayor Goodman called for Public Comment. There was none. MOTION: MOVE TO ADOPT BILL #181 AS AN ORDINANCE AMENDING MUNICIPAL CODE, TITLE 8: PARKS AND RECREATION, AS SUBMITTED WITH CORRECTIONS AS NOTED. ACTION: Approve, Moved by Councilman Edgington, Seconded by Councilwoman Malloy. 12/5/2012 FCC Page 8 of 20

9 Vote: Motion carried by unanimous roll call vote (summary: yes = 5). Yes: Councilwomen Seidl, Councilman Edgington, Councilman Eilrich, Councilman McCassie, Councilwoman Malloy. BREAK 6:45-6: Discussion and possible action to approve Facility Use Fee Schedule Resolution #12-016, as well as the Revised Facility Use Policy and Application. This item was heard after item 18 City Engineer Shari Whalen stated this is a follow up to the Ordinance which was just adopted. She stated her Power Point Presentation included items 14 and 15. Mayor Goodman read item 15 into the record at this time. She reviewed her Power Point presentation which outlined proposed changes (attachment 3). Director Whalen stated there were two changes to the proposed Resolution She read into the record additional language that was left off Whereas, the City Council wishes to be able to provide non routine improvements and maintenance of the City Parks and Facilities through a Special Revenue Fund. She stated the second change is in the Fee Schedule in Appendix A; the $2.00 per player fee was left off. She recommended adding the language organized adult and youth sports leagues are required to pay a $2.00 participation fee per registered player annually to Appendix A. Director Whalen answered questions from the Council. Councilwomen Malloy stated as a parent of sons who play football and baseball, she is in support of charging the fee per player. She stated safety is the primary concern of the parents. She added it is more important that the children are safe and play on adequate fields that have grass and turf. She felt the charges were reasonable. Councilwomen Seidl said she had a problem giving priorities to other governmental agencies over the people of Fernley. If the facility is reserved another agency would need to find a time when it is not reserved. She stated she was opposed to paying the $2.00 fee. She added the area she had concerns with is charging groups and organizations. It is getting increasingly hard to find meeting space in Fernley. She stated the City needs to support the groups and organizations as they are the heart and soul of the community. She would like to see a policy that if they are just 12/5/2012 FCC Page 9 of 20

10 coming for a meeting they could use facilities without charge as long as it is a nonprofit Fernley organization. Councilman Eilrich stated things cost money, charging use fees are reasonable. There are places where you have to pay just to visit the park. He also felt if a reservation was made, the citizen should not be bumped for anything. He wanted the sentence removed that a Fernley Citizen should be bumped. Director Whalen stated she understood Council s concern with that language and stated someone with a reservation has never been bumped. She stated it was helpful for staff, to have some documentation with guidelines. She suggested changing the language to remove county, state and local government. Councilman Eilrich stated he would agree to that. Director Whalen suggested new language for the Fees Schedule, stating $25.00/per hour, outside normal business hours and $35.00/per hour outside normal business hours would be charged if staff time is required. Councilman Edgington commented that a statement needs to be added that a small birthday party does not require insurance. Mayor Goodman stated the Parks needs to be separate from the Facilities. He felt the intent was good and the language was good it just needs to be separated so people understand that the facility fee is for using City Hall only. Director Whalen suggested tabling this item and cleaning up the language. City Attorney Jensen clarified that the Policy could be adopted as is and then heard again with changes to the language. Councilman Edgington stated he wanted clarification on insurance and on the parks and buildings. Councilman Eilrich agreed clarification was needed on a few things. Councilwomen Malloy agreed with the City Attorney stating this should be adopted and brought back with the minor changes. Motion: APPROVE THE FACILITY USE FEE SCHEDULE RESOLUTION #12-016, AS WELL AS THE REVISED FACILITY USE POLICY AND APPLICATION AND THE EXTRA LANGUAGE. Mayor Goodman suggested that the Council forward their suggestions and ideas to Shari Whalen to be added to the new policy. Action: Approve, Moved by 12/5/2012 FCC Page 10 of 20

11 Councilwoman Malloy, Seconded by Councilman Edgington. Councilman Eilrich wanted the motion amended to include a timeframe for this Resolution to be brought back to Council. Councilwomen Malloy amended her Motion: TO INCLUDE THAT THE REVISIONS REQUESTED BY COUNCIL BE BROUGHT BACK IN JANUARY. Seconded by Councilman Edgington, Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilman McCassie, Councilman Edgington, Councilman Eilrich, Councilwoman Seidl, Councilwoman Malloy. 15. Discussion and possible action to approve Special Event Fee Schedule Resolution #12-017, as well as the Special Events Policy and Application. Mayor Goodman read this item into the record. Shari Whalen stated this is a new policy which relates to the events like rodeos and 4 th of July. She also added Through a Special Revenue Fund language to the Resolution. Shari Whalen stated in Section 1.2C she added, any activity which involves the use of Public Facilities with 50 or more people in attendance, excluding normal season play. In Section 5.1 She added Any activities or event that will interfere with the day to day operation of any facility or City function in the opinion of City Staff. Motion: MOVE TO APPROVE THE SPECIAL EVENT FEE SCHEDULE RESOLUTION #12-017, AS WELL AS THE SPECIAL EVENTS POLICY AND APPLICATION WITH THE TWO ADDITIONS OF 1.2C EXCLUDING NORMAL SEASON PLAY AND SECTION 5.1 ANY ACTIVITIES OR EVENT THAT MAY INTERFERE WITH THE DAY TO DAY OPERATION OF ANY FACILITY OR CITY FUNCTION IN THE OPINION OF CITY STAFF, Action: Approve, Moved by Councilman Edgington, Seconded by Councilwoman Malloy. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilwomen Siedl, Councilman Edgington, Councilman Eilrich, Councilman McCassie, Councilwoman Malloy. 16. Discussion and possible action to approve revised and updated Dedication Agreements for the following types of water rights dedications: 1.) Standard Dedication, 2.) Gift (No Will-Serve) Dedication, 3.) Green Dedication, 4.) Deferred Fees Dedication. 12/5/2012 FCC Page 11 of 20

12 City Engineer Shari Whalen stated that the City Council in 2010 approved a Dedication Incentive Program that would combat the water rights acquisitions by which water rights are being purchased and water is being stripped from the land. She stated this program encourages folks to dedicate the water that they own to the City of Fernley. She explained the different types of water and reviewed the criteria. She stated this is a constantly involving, improving process so Council will see the Dedication Agreement return on a regular basis for review. Councilman Eilrich stated this is a positive step in the right direction to keep water in Fernley. He stated in the future a Mission Statement should be put forth by Council. He wants everyone to understand in 25 years why this was done. He supported this 100% and stated this represents a lot of work and thought. Councilwomen Seidl asked if the section regarding time could be changed to 4 days instead of 3 days. She also inquired about the Water Rights Banking Document, if failure to renew was considered termination? Paul Taggart responded by saying yes. He added this is language that was approved by the City Council last year when it was edited to add the second 25 year extension. He stated 25 years is a long time for the City to hold the Water Rights and pay the fees associated with those rights. He continued saying 25 years is an ample amount of time for someone to put their water to use or request a will-serve from the City. He stated if someone had a project, and had a desire to use the water they should have the option to extend. He explained there has to be some limit on the amount of time and there has to be a way to end the process. Some are small amounts of water and the City will never hear from these people. Mayor Goodman stated the Notice Policy on Number 11 says there is some responsibility on the other part to respond within 30 days. Mr. Taggart stated at the State Engineers Office it is common to provide a 30 day period to provide documentation. If that documentation is not provided they will cancel the Water Right. Motion: MOVE TO ACCEPT THE DEDICATION AGREEMENTS AS DRAFTED WITH THE CHANGE TO 4 DAYS INSTEAD OF 3 DAYS Action: Approve, Moved by Councilman Edgington, Seconded by Councilman Eilrich. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilwomen Seidl, Councilman Edgington, Councilman Eilrich, Councilman McCassie, Councilwoman Malloy. 12/5/2012 FCC Page 12 of 20

13 17. Discussion and possible direction to staff regarding a City policy on the assignment of banked water rights, requiring all future assignments to be recorded with the Lyon County Recorder s Office. Shari Whalen, City Engineer stated that they are consistently improving processes and identifying gaps. She wanted to get direction from City Council on this issue and make sure everyone is on the same page. She reviewed the Power Point explaining the process (attachment 4). Mayor Goodman inquired how a value is placed on banked water rights. City Engineer Whalen stated it would be the actual transaction amount between the assignee and the assignor. Councilman Edgington stated he likes this idea, recording it in the Recorders Office. He stated it is a good thing for the water users, good management tool and it the right thing to do. Councilman Eilrich felt it overly complicates the process. He stated the City is the bank, we keep track of if, and it s our water. He thought it would be a mistake to go down this path. Motion: MOVE TO DIRECT STAFF TO BRING A POLICY BACK FOR CONSIDERING ASSIGNMENT OF BANKED WATER RIGHTS REQUIRING ALL FUTURE ASSIGNMENTS BE RECORDED WITH THE LYON COUNTY RECORDERES OFFICE, Action: Approve, Moved by Councilman Edgington, Seconded by Councilwoman Malloy. Vote: Motion passed (summary: Yes = 3, No = 2, Abstain = 0). Yes: Councilman Edgington, Councilman McCassie, Councilwoman Malloy. No: Councilwoman Seidl, Councilman Eilrich. 18. Discussion and possible action regarding letter to TCID from Fernley detailing Fernley s ownership claim to Donner Lake Water Storage. This item was heard after the break Water Attorney, Paul Taggard, explained this item involves a claim the City of Fernley has to Donner Lake Storage. He stated this is a Water Right that exists in Donner Lake that was acquired by TCID for farmers in the Newlands Project almost 100 years ago. He stated it is a very important resource to future planning on how we will serve our future customers. He stated if there is no upstream water storage resource that we can couple with our surface water rights the 12/5/2012 FCC Page 13 of 20

14 City will be limited 28% of our surface water for will-services through the State Engineers Office. He stated if there is a solid upstream option it can increase up to 80%, which could be used for will-serves. He added this letter is intended to indicate our understanding and our belief that it is our water and ask TCID to recognize that. Motion: MOVE TO AUTHORIZE CITY STAFF TO DRAFT AND DELIVER A LETTER ON BEHALF OF THE CITY AND ALL TRUCKEE DIVISON WATER RIGHTS HOLDERS WHICH DETAILS WHY DONNER LAKE WATER MUST BE KEPT AVAILABLE TO THE TRUCKEE DIVISION FOR DROUGHT PROTECTION. Action: Approve, Moved by Councilman Eilrich, Seconded by Councilman Edgington. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilwoman Seidl, Councilman Edgington, Councilman Eilrich, Councilman McCassie, Councilwoman Malloy. 19. Discussion and possible action to appoint Mayor pro tem for January 2013 through December 31, Mayor Goodman stated that Councilman Eilrich was appointed Mayor pro tem at the last meeting. That appointment will expire on December 31, Motion: MOVE TO APPOINT COUNCILMAN EILRICH AS MAYOR PRO TEM FOR THE TERM OF JANUARY 1, 2013 THRU DECEMBER 31, 2013, Action: Approve, Moved by Councilman Edgington, Seconded by Councilwoman Malloy. VOTE: Motion carried by unanimous roll call vote (summary: yes = 5). YES: Councilwoman Seidl, Councilman Edgington, Councilman Eilrich, Councilman McCassie, Councilwoman Malloy. 20. Discussion and possible action to approve Mayor s re-appointments: A. Re-appointment of Leslieann Hayden to Lyon County Room Tax Board Motion: MOVE TO RE-APPOINT LESLIEANN HAYDEN TO LYON COUNTY ROOM TAX BOARD, Action: Approve, Moved by Councilman Edgington, Seconded by Councilwoman Seidl. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilwoman Seidl, Councilman Edgington, Councilman Eilrich, Councilman McCassie, Councilwoman Malloy. B. Re-appointment of Ed Meagher to Washoe County East Truckee Canyon. 12/5/2012 FCC Page 14 of 20

15 Mayor Goodman informed the Council that Mr. Meagher does not want to be re-appointed to the Washoe County East Truckee Canyon Board. Mayor Goodman stated this board meets every other month on the same day as the Council Meeting. Councilman Edgington inquired if it was required to attend. Mayor Goodman stated when this board was established; they asked the City of Fernley to appoint someone. Councilman Edgington inquired if someone from staff could attend. Community & Economic Development Director Mojra Hauenstein volunteered Mr. James Ball. Motion: MOVE TO APPOINT SOMEONE FROM COMMUNITY DEVELOPMENT TO REPRESENT THE CITY OF FERNLEY WHEN NECESSARY, Action: Approve, Moved by Councilman Edgington, Seconded by Councilwoman Seidl. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilwoman Seidl, Councilman Edgington, Councilman Eilrich, Councilman McCassie, Councilwoman Malloy. 21. Discussion and possible action to appoint representatives to: A. Nevada League of Cities Motion: MOVE TO APPOINT DAN MCCASSIE AS THE REPRESENTATIVE AND SUE SEIDL AS THE ALTERNATE TO NEVADA LEAGUE OF CITIES, Action: Approve, Moved by Councilman Edgington, Seconded by Councilman Eilrich. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).Yes: Councilwoman Seidl, Councilman Edgington, Councilman Eilrich, Councilman McCassie, Councilwoman Malloy. B. Nevada League of Cities Legislative Committee Motion: MOVE TO APPOINT SUE SEIDL TO THE NEVADA LEAGUE OF CITIES LEGISLATIVE COMMITTEE, Action: Approve, Moved by Councilman Eilrich, Seconded by Councilwoman Malloy. Vote: Motion carried by unanimous roll call Vote (Summary: Yes = 5).Yes: Councilwoman Seidl, Councilman Edgington, Councilman Eilrich, Councilman McCassie, Councilwoman Malloy. C. Western Nevada Development District 12/5/2012 FCC Page 15 of 20

16 Motion: MOVE TO RE-APPOINT ROY EDGINGTON TO WESTERN NEVADA DEVELOPMENT DISTRICT, Action: Approve, Moved by Councilman Eilrich, Seconded by Councilwoman Malloy. Vote: Motion Carried By Unanimous Roll Call Vote (Summary: Yes = 5). Yes: Councilwoman Seidl, Councilman Edgington, Councilman Eilrich, Councilman McCassie, Councilwoman Malloy. D. Western Nevada College District Motion: MOVE TO APPOINT LESLIEANN HAYDEN TO THE WESTERN NEVADA COLLEGE DISTRICT, Action: Approve, Moved by Councilwoman Seidl, Seconded by Councilman Eilrich. Vote: Motion Carried By Unanimous Roll Call Vote (Summary: Yes = 5). Yes: Councilwoman Seidl, Councilman Edgington, Councilman Eilrich, Councilman McCassie, Councilwoman Malloy. E. Pool/Pact Motion: MOVE TO NOMINATE INTERIM CITY MANAGER TO SERVE AS THE REPRESENTATIVE FOR POOL/PACT UNTIL A PERMANENT CITY MANAGER IS HIRED; MAYOR TO SERVE AS THE ALTERNATE, Action: Approve, Moved by Councilwoman Seidl, Seconded by Councilman Eilrich. Vote: Motion Carried By Unanimous Roll Call Vote (Summary: Yes = 5). Yes: Councilwoman Seidl, Councilman Edgington, Councilman Eilrich, Councilman McCassie, Councilwoman Malloy. F. Lyon County Debt Management Commission Motion: MOVE TO RE-APPOINT ROY EDGINGTON TO THE LYON COUNTY DEBT MANAGEMENT COMMISSION, Action: Approve, Moved by Councilwoman Seidl, Seconded by Councilman Edgington. Vote: Motion Carried By Unanimous Roll Call Vote (Summary: Yes = 5). Yes: Councilwoman Seidl, Councilman Edgington, Councilman Eilrich, Councilman McCassie, Councilwoman Malloy. G. Representative to participate in union negotiations. 12/5/2012 FCC Page 16 of 20

17 Motion: MOVE TO APPOINT SUE SEIDL AND ROY EDGINGTON AS REPRESENTATES FOR UNION NEGOTIATIONS. Action: Approve Moved by Councilman Eilrich, Seconded by Councilman McCassie, Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes: Councilwoman Seidl, Councilman Edgington, Councilman Eilrich, Councilman McCassie, Councilwoman Malloy. H. Regional Transportation Commission. Motion: MOVE TO APPOINT SUE SEIDL TO PARTICIPATE IN THE REGIONAL TRANSPORTATION COMMISSION, Action: Approve, Moved by Councilman Eilrich, Seconded by Councilwoman Malloy. Vote: Motion Carried By Unanimous Roll Call Vote (Summary: Yes = 5). Yes: Councilwoman Seidl, Councilman Edgington, Councilman Eilrich, Councilman McCassie, Councilwoman Malloy. 22. Discussion and possible action to set the schedule for and determine the City Manager Recruitment Process. (Applications closed November 30, 2012; applicants will need to be listed and notified prior to City Council ranking pursuant to Open Meeting Law) City Attorney Brandi Jensen led the discussion. Mayor Goodman read Item 23 into the record. City Attorney Jensen asked the Council how many candidates the Council wanted to rank. She stated they could make an appointment with Daphne go over the applications and rank them. She stated the rankings would then be given to Mrs. Hooper in an open process. Mrs. Jensen recommended Council determine how many candidates to rank, when to review the applications and how to review them, when the ranking will take place and how many candidates to interview. Councilman Edgington inquired how many applications were received. Mayor Goodman stated 45 applications were received; only 12 were completed applications that met the qualifications as set by the Council. Councilman Eilrich thought that only completed applications should be considered. He also thought letters should be sent to all completed applicants and let them know of the public process. He felt the City should pay their way to interview before the Council. Councilwomen Malloy felt the Council should review the 12 completed applications and no more than 2 for the final interview. 12/5/2012 FCC Page 17 of 20

18 Motion: MOVE TO ACCEPT ONLY COMPLETED APPLICATIONS Action: Approve Moved by Councilman Edgington, Seconded by Councilwoman Malloy, Vote: Motion passed (summary: Yes = 4, No = 1, Abstain = 0). Yes: Councilman Edgington, Councilman McCassie, Councilwoman Malloy, and Councilman Eilrich No: Councilwoman Seidl. City Attorney Jensen asked the Council what date they wanted to rank the applications. Councilman Edgington inquired if the applications could be reviewed. Mrs. Jensen stated that once the letter has been sent out and determined who is in the race and who has dropped out the Council could review them. Motion: MOVE TO RANK ALL APPLICATIONS. Action: Approve Moved by Councilman Edgington, Seconded by Councilwoman Seidl, Vote: Motion Carried By Unanimous Roll Call Vote (Summary: Yes = 5). Yes: Councilwoman Seidl, Councilman Edgington, Councilman Eilrich, Councilman McCassie, Councilwoman Malloy. Motion: MOVE THAT A LETTER BE SENT TOMORROW (12/6/2012) TO ALL APPLICANTS INFORMING THEM OF THE PUBLIC PROCESS, AND TO DIRECT THE ADMINISTRATIVE SERVICES MANAGER UPON HER RETURN ON MONDAY, TO CALL ALL APPLICANTS AND INFORM THEM OF THE PUBLIC PROCESS, AND TO OFFER WITHDRAW. CALL ALL CITY COUNCIL MEMBERS TO SCHEDULE A TIME IN WHICH TO GO OVER REMAINING RESUMES, CONTINUATION OF THE CITY MANAGER PROCESS TO RANK THEM AT THE DECEMBER 19 TH CITY COUNCIL MEETING. Action: Approve Moved by Councilman Edgington, Seconded by Councilman Eilrich, Vote: Motion Carried By Unanimous Roll Call Vote (Summary: Yes = 5). Yes: Councilwoman Seidl, Councilman Edgington, Councilman Eilrich, Councilman McCassie, Councilwoman Malloy. Councilman Edgington wanted a special meeting to interview the candidates. Motion: MOVE TO CONTINUE THE DISCUSSION ON ITEM 23 AND FINISH THE MEETING Action: Approve Moved by Councilman Edgington, Seconded by Councilwoman Seidl, Vote: Motion Carried By Unanimous Roll Call Vote (Summary: Yes = 5). Yes: Councilwoman Seidl, Councilman Edgington, Councilman Eilrich, Councilman McCassie, Councilwoman Malloy. 12/5/2012 FCC Page 18 of 20

19 23. Discussion and possible action to set Special Meetings for City Manager Recruitment Process during the months of December and January. Councilman Edgington felt that a special meeting should be held the second week in January and only focus on interviews. He suggested January 8 th. Councilwoman Malloy stated she could be present anytime after 4:00pm. Motion: MOVE TO HOLD A CITY COUNCIL MEETING ON JAUARY 8 TH AT 4:00PM TO HOLD CITY MANAGER INTERVIEWS, Action: Approve Moved by Councilman Edgington, Seconded by Councilman Eilrich, Vote: Motion Carried By Unanimous Roll Call Vote (Summary: Yes = 5). Yes: Councilwoman Seidl, Councilman Edgington, Councilman Eilrich, Councilman McCassie, Councilwoman Malloy PUBLIC INPUT. Jim Jenne, Fernley resident, was concerned about meeting space for other groups and organizations. 25. REPORTS. This item is for various public entity representatives to provide general information to the Council and public. No action will be taken. A. Reports by City Staff, City Council and the Mayor, including Monthly statistical reports. Councilman Edgington reported that the S.E.T. Document is started. He also stated that Western Nevada Development District won an award from the National Association of Development Organizations. He stated the S.E.T. training now includes 9 counties. Mojra Hauenstein gave the Monthly Activity Summary for Community Development for October and November. City Engineer Shari Whalen reported that the Joint Grant administered by USBR has funded the Supplemental Storage Report. She stated this has turned into a 50 year Water Resource Plan. 12/5/2012 FCC Page 19 of 20

20 She stated staff is ready to finalize the document. She stated the Public Works Department and the Community Development Department are transitioning roles and responsibilities. She stated Public Works will be focusing on transiting to a purely operation and maintenance organization. Anything related to development work, permitting and inspection will go to the Community Development Department. She stated this is a 12 month process and more information will be brought back to Council. Denise Lewis Finance Director updated the Council on IRS Audit. She will issue a report in approximately 30 days. Mayor Goodman announced that Coffee with the Mayor is scheduled for January 12 th. 26. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Councilwoman Seidl asked for a future agenda item to discuss the budget process. Mayor Goodman stated it is not the Council decision to determine the budget process. He stated this is the responsibility of the City Treasurer and City Manager. 27. ADJOURNMENT. There being no further business to come before it, the Fernley City Council meeting adjourned at 9:24 pm. Approved by the Fernley City Council on, by a vote of: AYES: NAYS: ABSTENTIONS: ABSENT: ATTEST: City Clerk Kim Swanson Mayor LeRoy Goodman 12/5/2012 FCC Page 20 of 20