City Council Prepares To Dig Into Nevada Cement Mine Proposal

The Fernley City Council is set to consider a controversial proposal for a silica mining operation at its regular meeting set for Wednesday at 4 p.m. Nearby residents have kicked up a dust storm of opposition to the mine that Nevada Cement plans to use for a critical additive needed to produce the company's end product.

Opposition has keyed on two areas: dust and the use of Sage Street on the city's west side as a primary access route to the mining area. While city staff is recommending approval for the mine, four new conditions have been added in a 141-page agenda report prepared for the council. The complete agenda report may be viewed here: http://www.cityoffernley.org/DocumentView.asp?DID=2794

The new conditions, which have not been reviewed by the Planning Commission, include two provisions that call for Nevada Cement to file a detailed dust control plan to the city for approval prior to issuance of a grading permit. The company would also be compelled to file access agreements for any and all parcels of land that will be used to access the mine.

Additionally, Nevada Cement would be required to file copies of all documents with the city that it is filing with the Bureau of Land Management and/or the Nevada Department of Environmental Protection as a part of the project. Another key condition would call for Sage Street to be used only during the first 18 months of the project. Use of Sage Street would be limited to material testing, construction, and storage related to pre-operations of the facility, according to the agenda report.

There were at least three access routes to the proposed silica mine outlined in Nevada Cement's original proposal. However, Sage Street was identified as the primary access that would have seen up to a dozen loads a day being transported from the facility. The company plans to operate the mine six days a week and remove about 200 tons of raw material per day.

Residents nearby are concerned about dust and the potential cancer-causing elements that could become airborne by the surface mining. However, the added conditions are designed to address those concerns, but it remains to be seen how those conditions might impact Nevada Cement's ability to get the mine up and running.

The citizen's group has launched a website outlining their reasoning for opposing the mine. The website can be accessed here: http://pozzolanmine.weebly.com/

The council is clearly walking a tightrope on this issue juggling the preservation and creation of jobs at one of Fernley's major employers, while working in restrictions designed to assuage the fears of citizens.

Also at Wednesday's meeting, the council will consider streamlining the structure of operations at city hall as they mull over a proposal to consolidate the finance office in with the day to day operations of the city clerk. A staff report outlining the option is available for review here: http://www.cityoffernley.org/DocumentView.asp?DID=2793

Council Sacks Finance Director Amid Budget Woes

The Fernley City Council last night voted to terminate the employment of long-time Finance Director/City Treasurer Bonnie Duke, citing an unforeseen budget shortfall and ongoing irregularities in the city's financial reporting as the primary impetus for the ouster.

Duke was present for the meeting along with legal counsel and a number of supporters, but neither she or her counsel made any statement during the proceding. The council also had a packet of eight letters voicing support for the city's chief financial officer that were submitted in late February after Ward 1 Councilwoman Kelly Malloy requested the agenda item to consider Duke's continued employment with the city.

The $455,000 revenue shortfall was addressed in a special council meeting earlier this week when it was determined that a reduction in the city's workforce had to be accomplished in order to try and close the gap. In all, 14 city employees will be cut, about half through layoffs and the remainder through attrition.

At the Wednesday regular meeting, the council recessed for a closed door legal briefing that lasted about 45 minutes. While it was not clearly stated, the break took place just prior to the council's consideration of the agenda item relating to Duke's possible termination.

When the session reconvened, the council took up the matter of the Finance Director's performance. As the discussion progressed, it became clear that at least three on the council were leaning toward termination.

Malloy moved forward and made a motion to terminate Duke, which was supported by Donald Parsons, Ward 2. Mayor Todd Cutler then opened the process for council discussion.

"February 14, Greg Evangelatos took over as Interim City Manager and one of the first things he learns is that we're in debt $450,000," said Parsons. "This was a surprise to everybody."

Malloy concurred and indicated that she is "one course" shy of an accounting degree and has some auditing experience in her background. She said that in reviewing the city's financial statements she's found some things that may harm the city.

"There have been warnings in the financial statements that trouble is coming," Malloy said. "I've done my due diligence in looking in to this matter and I've come to the conclusion that this change must be made, including some reasons I can't go into here."

Curt Chaffin, Ward 4, suggested taking a more studied approach to making the decision and recommended the city undertake a forensic audit. Parsons then asked if Malloy would be willing to await the results of a forensic audit, but Malloy expressed doubts that the city could afford such an undertaking.

The in-depth audit could cost about $25,000 and be a rather involved and lengthy process, Evangelatos told the council.

"With the budget notification we've received, I don't think we could pay for it," Malloy said of the forensic audit procedure. "I'm concerned about the city's ability to repay the debt we've incurred."

Mayor Todd Cutler declined to open the matter for public input indicating he feared "it would become a circus."

When the matter was put to a vote, the council approved Duke's termination 3-2. Malloy, Parsons, and Cal Eilrich, Ward 5, voted in favor of the measure. Chaffin, and Monte Martin, Ward 3, opposed the termination.

As the results of the council action became certain, Duke rose from her seat and handed over her city identification badge to Evangelatos and she left the council chambers.

Later in the council session, there was consideration of a proposal from Malloy that would see the Treasurer's office consolidated into operations of the City Clerk. But with next year's budget deadlines looming, many on the council expressed skepticism about the option. However, the council did ask that city staff gather some information on how that could be accomplished and the item would be discussed further at the next meeting March 18.

The council also approved a measure that would authorize Evangelatos to hire an accounting firm or qualified consultant to step in and handle the city's finance function on an interim basis so that budget preparation can carry forward.

Chamber and Council Meetings Top Agenda for the Week Ahead

The Fernley Chamber of Commerce monthly luncheon and the next regularly scheduled City Council meeting are both slated for Wednesday. Both events take place at Fernley City Hall.

The Fernley Chamber, in conjunction with the city and Northern Nevada Development Authority, will host the Fernley Economic Summit that kicks off at 11:30. The $20-a-plate luncheon features speakers that include Len Gilman of the Reno-Tahoe Industrial Center, and Stan Thomas with Wade Development.

With the nation's economic woes in the spotlight, interest is running high regarding what's happening locally to bolster the jobs picture in Fernley and the surrounding area. The event is sold out with almost 100 business leaders and elected officials slated to attend the event. The chamber currently has a waiting list of those who want to attend the event, so if you've made reservations and won't be able to attend, contact the chamber.

The city council meeting follows at 4 p.m. with an agenda that includes a discussion of the relationship between the council, mayor and city manager and possible changes to Ordinance 1 that would provide council oversight provisions relating to actions of the city manager.

The issue first cropped up last year as the council grappled with actions taken by former City Manager Gary Bacock. At the time, the council voted down any changes in the ordinance. Bacock has since resigned his post and the makeup of the council has changed.

Other items on the agenda include a presentation regarding results of a customer satisfaction survey, and a 08-09 budget adjustment. There will also be a proposal to undertake an advertising campaign designed to attract more business to the city. A number of zoning issues are also on the slate for council consideration.

The full agenda can be reviewed here: http://www.cityoffernley.org/DocumentView.asp?DID=2673

Also, the next Coffee with the Mayor is scheduled for Saturday morning at Pioneer Crossing. The monthly event features an informal discussion of local issues with Mayor Todd Cutler and other city officials. The event takes place 8:30 to 10 a.m.

Parsons Prevails in Ward 2 Special Election

Based on election results posted on the City of Fernley website, Donald Parsons has won the Ward 2 city council seat in the special election. Parsons edged Donald Howard in voting among the 40 or so who voted in the general election but were denied their right to vote in Ward 2, being directed instead to vote in Ward 5 due to a glitch in the county's coding system.
Here are the vote tallies from the city's website:
Special Election Results for Ward 2 Councilman
Donald Howard
8
Donald Parsons
16
Total
24
City elections are held every even year with the County and Federal elections. Last General Election was held on November 4, 2008. The following candidates obtained the highest number of votes in 2008 General Election and Special City Election.
Ward One Kelly Malloy; Ward Two Donald R. Parsons; Ward Four Curt Chaffin.
Parsons is scheduled to be sworn in at this week's city council meeting and will occupy the seat formerly held by Joe Mortenson who won election to the Lyon County Commission in the November election.
The outcome of the Ward 2 race was first called into question the day after the general election last November. Following some weeks of political wrangling where the issue was tossed back and forth between the city and county like a hot potato, the situation came to a head January 7. With just hours prior to the oath of office being administered, Third Judicial District Judge David Huff issued a temporary restraining order prohibiting the swearing in of the presumptive winner in Ward 2, Donald Parsons.
Ultimately, Nevada Secretary of State Ross Miller, whose office has the responsibility for overseeing all elections in the state, decided to intervene and seek the emergency injunction.
Following a short, albeit divisive meeting in mid-January, the city council called for a special election, of sorts, that would allow the disenfranchised voters in Ward 2 to cast a ballot for city council. Of those voters, apparently just over half decided to participate in the special election to determine the outcome of the Ward 2 race.

Ballots Hit Mail Monday to Disenfranchised Voters in Ward 2 Election Snafu

Some 40 Fernley residents who voted in the November election will be receiving ballots in the mail in the next few days as the city moves to correct a problem that surfaced after polls closed. The problem came to light when a number of voters along Winnie's Lane reported that they were directed to vote in Ward 5, when in fact they were registered to vote in Ward 2.
Following the primary in August, the contest for the Ward 2 City Council seat boiled down to the two Donalds, Parsons and Howard. In the end, Parsons edged Howard in a narrow three-vote victory.
That win for Parsons may or may not be sustained depending on the outcome of the city's initiative to correct the county's coding error that occurred because of a glitch in the county's system, which did not update a particular neighborhood. After the November general election Lyon County Clerk/Treasurer Nikki Bryan said that some 47 voters along Winnie's Lane were incorrectly coded as being in Ward 5, instead of Ward 2 as they should have been. Of those 47, there were 40 who actually cast ballots at the polls.
This move by the city is designed to take the matter out of the hands of the courts, which intervened just hours before Parsons was set to be sworn in on January 7. Third Judicial District Judge David Huff issued a temporary restraining order prohibiting the swearing in of the presumptive winner in Ward 2 based on a request from Secretary of State Ross Miller.
Ultimately Miller's office has the responsibility for overseeing all elections in the state, and he decided to intervene seeking an emergency injunction. Judge Huff issued the temporary restraining order just before noon on the day city council members were scheduled to be sworn into office. There's a hearing set for January 26--the same day ballots are scheduled to go out in the mail to voters--on the emergency request for a writ of mandamus.
During a special city council meeting earlier this month, City Attorney Jeff McGowan told the council that based on his conversations with the Nevada Secretary of State's office, the special election option would be sufficient for Miller to drop court action. However, it remains at Judge Huff's discretion whether or not to heed any request from the Secretary of State to drop further court review of the election. There is also the potential for a court challenge coming from Parsons.
Once those 40 voters receive the ballots in the mail this week, they must then take the form to city hall where officials will verify their identities and the ballots may then be cast. City Clerk Lena Shumway said ballots must be in by the close of business on Tuesday, February 3. Whoever comes out on top will then be sworn in at the council meeting set for February 4.

Fernley Council Splits On Actions To Fix Ward Two Election Snafu

The Fernley City Council agreed to disagree on what measures could be taken to rectify the fact that some voters in Ward 2 were denied their right to vote for a council candidate in last November's general election. Following a short, albeit divisive meeting Wednesday evening, the council called for a special election, of sorts, that would allow those voters in Ward 2 to cast a ballot for city council.
With the matter already on tap for a hearing in district court January 26, the council essentially had two options: go to court and defend the city's actions or authorize a special election that would give those voters who were denied the chance to vote. City Attorney Jeff McGowan told the council that based on his conversations with the Nevada Secretary of State's office, the special election option would be sufficient for Secretary of State Ross Miller to drop court action that was initiated last week.
As members of the council discussed the options and their positions on the matter, it quickly became clear that an unusual divide was forming. On one side, Cal Eilrich, Ward 5 and Kelly Malloy, Ward 1, were coming down on the side of letting the court decide the best course of action. Councilmen Curt Chaffin, Ward 4 and Monte Martin, Ward 3, pushed for a localized solution in calling for a special election.
The one point both sides agreed upon was that the issue revolves around voters who were denied their right to vote due to a computer glitch, and not about who actually wins the election between Donald Howard and Donald Parsons.
"Let's face it, this is a no-win scenario," Eilrich said. "No matter which way it goes, there are going to be losers."
Both Eilrich and Malloy suggested that there is some level of responsiblity on the part of voters to check sample ballots in advance of the election and bring problems to the attention of the city and/or county.
"There is ample opportunity to check sample ballots, ask questions and get informed before the election," Malloy said. "I have a hard time recommending a special election when it could be overturned by the court."
Shying away from letting the court mandate the city's actions, Chaffin suggested the simplest way would be to find those people and make sure they get to vote. "I'm leaning toward taking some action and letting them vote, and the county clerk can tally the results. Otherwise, we leave it to the state."
Martin concurred and said he believes it's important for the council to do what is right. "We have a lot of firepower telling us we need to do something. We have to take some action--allow these people to vote--let the chips fall where they may."
At that point, Malloy made a motion to move forward with the court proceedings, which was supported by Eilrich. The vote came down to a 2-2 tie with Malloy and Eilrich in favor and Chaffin and Martin dissenting.
Mayor Todd Cutler then commented prior to casting the tie-breaker: "I first learned about this seven or eight days after the election. I've received a lot of calls about it, and I do not want to appear as though I'm burying my head in the sand on this issue. I'm voting against and the motion dies 2-3."
Chaffin then motioned to move ahead with a special election, which gained a second from Martin. Once again, the council split with Mayor Cutler voting in support resulting in a 3-2 action to green light the election.
The actual date and mechanics of how the election will be conducted remain to be determined.
After the council session adjourned, Mayor Cutler said he envisions the election taking place fairly quickly and said he wants to see the vote occur in a controlled environment like city hall, as opposed to mailing ballots out to those voters who were impacted by the computer glitch.
The situation came to a head January 7 with just hours prior to the oath of office being administered, Third Judicial District Judge David Huff issued a temporary restraining order prohibiting the swearing in of the presumptive winner in Ward 2, Donald Parsons. The race between Parsons and Donald Howard came down to a razor-thin three vote victory for Parsons. However, rumblings of voting irregularities began to surface the day after the general election. Following an investigation, Lyon County Clerk/Treasurer Nikki Bryan said that some 47 voters along Winnie's Lane were incorrectly coded as being in Ward 5, instead of Ward 2 as they should have been.
Although the county readily admitted that the coding error was a problem with updates made to the county system, the remedy for the glitch soon became a political hot potato that was tossed back and forth between the county and city for a number of weeks. Ultimately, Nevada Secretary of State Ross Miller, whose office has the responsibility for overseeing all elections in the state, decided to intervene and seek an emergency injunction.
Some questions remain in terms of whether the city's actions will be enough to satisfy the Secretary of State and gain a dismissal in Judge Huff's court. There's also the likelihood of a court challenge being filed by Parsons, who believes the election should stand.

Special Council Meeting Set to Mull Options in Ward 2 Election Snafu

The Fernley City Council will meet in special session at 5 p.m. next Wednesday to consider what, if anything, can be done to correct the voting snafu that occurred during the November election in Ward 2.

This past Wednesday, with just hours prior to the oath of office being administered, Third Judicial District Judge David Huff issued a temporary restraining order prohibiting the swearing in of the presumptive winner in Ward 2, Donald Parsons.
The race between Parsons and Donald Howard came down to a razor-thin three vote victory for Parsons. However, rumblings of voting irregularities began to surface the day after the general election. Following an investigation, Lyon County Clerk/Treasurer Nikki Bryan said that some 47 voters along Winnie's Lane were incorrently coded as being in Ward 5, instead of Ward 2 as they should have been.
Although the county readily admitted that the coding error was a problem with updates made to the county system, the remedy for the glitch soon became a political hot potato that was tossed back and forth between the county and city for a number of weeks.

Ultimately, Nevada Secretary of State Ross Miller, whose office has the responsibility for overseeing all elections in the state, decided to intervene and seek an emergency injunction. Judge Huff issued the temporary restraining order just before noon Wednesday, and set a hearing for January 26 on the emergency request for a writ of mandamus. Simply stated, a writ of mandamus compels an elected official or agency to comply with the law and perform their duties.

As the photo above illustrates, Parsons was noticeably absent from the swearing in ceremony last Wednesday. Fernley Municipal Judge Dan Bauer (right) did administer the oath of office to Curt Chaffin, Ward 4; Cal Eilrich, Ward 5; and Kelly Malloy, Ward 1. The Ward 2 seat remains vacant until the voting situation is resolved either by the council or the court.

The special council session next week is slated for the sole purpose of brainstorming possible solutions to the Ward 2 situation. Exact wording on the agenda states: "Address issues concerning the November 4, 2008 general election results in relation to Ward 2 between candidates Donald Parsons, Sr. and Donald Howard including but not limited to taking possible action in accordance with NRS 293C.710 or any other lawful action in relation to the aforementioned election results."

Just how much leeway the council has in developing a fix for the situation remains to be seen. Some city hall observers have suggested just allowing the 47 residents to vote again with a correct ballot, which would be the least costly alternative, but it might not be a lawful alternative.

However, the wording of NRS 293C.710 may be open to some interpretation: "If a city election is prevented in any precinct or district by reason of the loss or destruction of the ballots intended for that precinct or district, or any other cause, the election officers for that precinct or district shall make an affidavit setting forth that fact and transmit it to the governing body of the appropriate city. Upon receipt of the affidavit and upon the application of any candidate for any city office to be voted for by the registered voters of that precinct or district, the governing body of the city shall order a new election in that precinct or district."

The fact that those impacted by the county coding error have been pinpointed, the limited scope of the problem may mitigate the need to conduct a new election for the entirety of Ward 2. However, that question remains to be determined either by the council or the court.

Fernley Council Names Consultant to Interim City Manager Post

In what appears to be a move to put even further distance between the city and the 10-year tenure of former City Manager Gary Bacock, the Fernley City Council approved the appointment of consultant Greg Evangelatos as the city's Interim City Manager during yesterday's regular session.
The two outside contenders for the job included Evangelatos and former Community Development Director Robert "Terry" Gilbert. The council also had the option of continuing current Community Development Director Fred Turnier in the position, but the council agreed that Turnier would be spread too thin trying to function in two key jobs at once. Turnier was named Acting City Manager at the December 17 council meeting following the council's issuance of a resignation ultimatum to Bacock.
While all of the council members praised the talent and experience of both candidates, it quickly become clear that Evangelatos had gained the confidence of a majority on the panel.
Councilman Cal Eilrich, Ward 5, initially indicated that he could vote for either candidate, however, there came a tipping point in his deliberations and said he was throwing his support behind Evangelatos.
"I talked with the City Manager of Sparks and his comment stuck with me," Eilrich said. "He told me the City is still reaping the benefits of Greg having worked with the City for the time he did."
Curt Chaffin, Ward 4, concurred: "We have three people who are exceedingly good. We're very fortunate to have to make this difficult decision. But, after giving this a lot of thought, I would vote for Mr. Evangelatos."
Perhaps one of the most telling endorsements in terms of the council's collective mindset came from newly sworn in Ward 1 Councilwoman Kelly Malloy. As she discussed her reasoning for supporting Evangelatos, Malloy said, "We need to move forward and heal as a city."
With an eye on the city's coffers, Ward 3 Councilman Monte Martin said he believed that Turnier would be best suited to stay in as the Interim City Manager, which he pointed out would be the least costly to the City.
However, with a clear majority of the council clearly backing Evangelatos, Eilrich moved to extend a three-month contract to Evangelatos with the provision for one-month extensions as needed while the search for a permanent City Manager is being conducted. The compensation was set at the lowest rung on the City Manager's pay scale, which would be approximately $6,859 per month.
The motion to appoint Evangelatos as Interim City Manager passed unanimously and he is slated to start work January 14.
Evangelatos has a Master's Degree in Regional and City Planning from the University of Oklahoma. He has been a Private Consultant/Land Specialist since 2007, and his resume lists positions that include Vice President and Principal Planner for FPE Engineering, and Director of Community Planning and Development for the City of Sparks.
The Search Begins...
After the council gave its nod to the appointment of Evangelatos, the discussion turned to the process of finding a permanent replacement for Bacock. Mayor Todd Cutler quickly pointed out that he should be running the show in terms of interviewing prospects and developing a short list of candidates for the council to consider.
"The role of the Mayor and City Manager and our ability to work together is critical," Cutler said. "I would ask that you put me in charge of the recruiting process so I can form a committee to conduct interviews and bring finalists for the council to review."
Cutler then outlined an aggressive timeline for the process that would produce a final field of candidates by the first of April. Following some discussion as to whether the Mayor should have discretion in appointing members of the search committee, the council gave Cutler the green light to move forward in a 3-1 vote, with Martin dissenting.

No Honeymoon For New Council Members

New Fernley City Council members Kelly Malloy, Ward 1, and Don Parsons, Ward 2, will be sworn in shortly after 4 p.m. at the top of Wednesday's council agenda this week. The event marks what many in this high desert community believe will the dawn of a more progressive era for the city's government that has been wracked by a variety of obstacles for at least the past two years.
There won't be any honeymoon period for the political neophytes who won the council seats in the city election last November. Malloy, Parsons, and the rest of the council will face an agenda filled with hot button issues that could serve up the first controversies of 2009.
Tucked away on the council's consent agenda is item 4.I., the first change order for Water Conveyance Project 1A-Mesa Drive. The $90,416 cost increase for the project is broken down into eight separate requests that cover a variety of things that range from the type of backfill used to the addition of added drainage features, according to a 30-page agenda report prepared for the council.
The session will also unveil a hardship assistance program developed by city staff to address concerns of residents who may have difficulty paying for mandatory trash service recently passed into law by the council. Staff is recommending the council back away from granting any exemptions to the compulsory trash service, opting instead to recommend development of an assistance program that would be administered through Lyon County Human Services.
The proposed hardship assistance plan would cover 50 percent of the billings from Trashpros for those who qualify under eligibility guidelines currently in place for utility payment assistance, also administered by Lyon County. The qualifying income window is set at 150 percent of the poverty level depending on the number of people in a family. For example, the maximum monthly income for a one-person household would be $1,276. A family of four making $1,767 or less would be eligible for the assistance program.
Funding for the assistance arrangement will be contributed equally by the City of Fernley and Trashpros, each kicking in $5,000 annually to create the pool of funds. Residents qualifying for the program initially will be asked to re-qualify each year for the financial hardship assistance.
Additionally, senior citizens who can receive a 25 percent discount from Trashpros, could also qualify for the hardship program based on monthly income. Thus, a senior citizen could receive 50 percent payment of their already discounted monthly bill from Trashpros under the proposed program.
Council to mull Interim City Manager pick
Ushering in two new city council members was the main impetus behind the recent resignation of long-time City Manager Gary Bacock. Community Development Director Fred Turnier was named Acting City Manager at the December 17 council meeting, and the council must now agree upon an Interim City Manager who will function in that post until a new City Manager can be hired.
The City Council has a number of options, the least expensive of which would be to continue with Turnier as Interim City Manager, according to an agenda report prepared by Finance Director Bonnie Duke. Another option would be to appoint one of two unsolicited candidates who submitted resumes and action plans to the city.
The applicants include Greg Evangelatos, a consultant and planner who has worked with a number of developers and builders in Fernley, and former Community Development Director Robert "Terry" Gilbert who left the city last year in a controversial termination orchestrated by Bacock.
In his application package submitted to the city, Evangelatos outlines a 12-point plan to address what he sees as the biggest issues facing the community in the near future. Likewise, Gilbert submitted a two-phase, eight point plan with his resume and other paperwork. In his letter of interest, Gilbert indicates that he also wants to be considered as a permanent replacement for Bacock.
Additionally, the council will be determining a direction for the city manager recruitment process, which could take several months depending on the scope of the search process.
Alternative Water Master Plan could prove costly
The City Council will also consider adopting an Alternative Water Master Plan developed by TRC Engineers in an effort to find ways of providing water that could be used for irrigation, car washing, manufacturing and construction processes that would not put a drain on the city's supply of potable water.
"Water use patterns in Fernley indicate that non-potable usage represents approximately 77% of the maximum day demand during peak demand season," according to an Executive Summary prepared as part of a hefty agenda report on the subject. "Irrigation usage by residential development makes up the largest portion of summer peak demands."
One potential sticking point in the plan involves the incorporation of land use projections developed by Orth-Rodgers & Associates, which indicate that the city could have 2,300 new residential connections by the end of 2013. The firm's land use projections have been called into question recently by the Capital Improvements Advisory Committee, who view the data as being flawed since the projections were based on growth rates in 2004 and 2005 when the area was experiencing record growth. According to the latest reports from the State Demographer, Fernley grew at a rate of about one percent in 2008--a far cry from the blazing 18 percent just a few years ago.
Flawed estimates or not, TRC is projecting the city will need 56 million more gallons of water per month to meet the demand during peak season. Based on that speculative figure, TRC is recommending that the city move forward with development of its "purple pipe" system for delivery of non-potable water to households and commercial users throughout the city.
Phase One of the aggressive plan advocates the city undertake eight Alternative Water Capital Improvement Projects with a projected price tag of $5,785,000. That cost projection does not include property acquisitions, easements, and rights-of-way.
The full council agenda can be viewed here: http://www.cityoffernley.org/documents/Agendas%20&%20Minutes/City%20Council/2009/09-01-07%20FCC%20Agenda.PDF

Commentary: Staying Informed is Every Citizen's Right and Responsibility

Last night's Fernley City Council special session was an exhibition of the woefully uninformed. As the council met for final approval of the new ordinance regulating residential and commercial trash services, the public hearing turned in to a parade of the inattentive who took the opportunity to berate the council for not informing them of the impending move to mandatory trash service.
The 20 or so residents who spoke their minds to the council all had a similar gripe: why hadn't the council and city done a better job of informing the public about this move to compulsory trash service? That, despite the fact that the discussion and debate about a new waste franchise agreement has been on numerous council agendas and the subject of various newspaper articles since last June or July.
It would appear that these somnambulating citizens also took a siesta in civics class as well. Their input and subsequent dressing-down of the City Council was well-intentioned and within their rights, albeit three to four months too late.
In this day and age of information overload, it's very tempting to tune out, turn off and otherwise bury your head in the sand. But citizens have an obligation and responsibility to stay informed.
The City Council, in this particular case, made every reasonable effort to make the public aware of changes coming up in the waste franchise agreements. Why these folks didn't get the word until TrashPros delivered a trash container to their curb remains the big question that can only be answered by these individuals.
Comments at last night's meeting likened the City of Fernley to dictatorial regimes like Cuba and North Korea. Some even went so far as to threaten to leave the city and move away over the issue. These people were clearly livid because they didn't get the word about changes coming in the city's trash service.
Unfortunately, their ire was misdirected. Instead of wagging their fingers at the City Council for not informing them, these residents need only look in the mirror to find the guilty party. Being an informed citizen does take some modicum of effort.
Council agendas are routinely posted online and at city hall in advance of meetings. Local newspapers, although paring staffs and cutting distribution in this economic tumult, make an effort to cover stories that impact the public.
With information so readily available from a variety of sources, the idea that the City Council should spoon feed the populace is not only naive, but dangerous. When addressing the added burden of the fees for trash service, one resident posed the question, "What's next?"
What's next, indeed. Every citizen must exercise their right to stay informed and keep an eye on elected officials at all levels of government. If we, the people, fail to do so then we can't complain when we get blind-sided by what's coming next.

Trash Service Dominates Agenda For Fernley City Council Special Session

In spite of the fact that the city's waste franchise agreement has been the topic of discussion and public input at numerous Fernley City Council meetings since last summer, the recent delivery of TrashPros waste containers to residences throughout Fernley has triggered a rash of citizen inquiries and phone calls to members of the council and the Mayor.
The city council will meet in special session Monday, December 22 at 6 p.m. to conduct a final public hearing on the adoption of an ordinance regulating the residential and commercial franchise, as well as wrap up other business prior to year end.
While the move to an "open" franchise agreement for commercial waste removal has met with a positive response from business owners, the transition to mandatory residential trash service has met with a mixed bag of response from residents. The compulsory trash removal requirement applies to any residence on less than two acres.
The city has been operating under an opt-in voluntary trash service agreement with Waste Management for the past 10 years. However, as the waste franchise agreement came up for renewal, the city council opted to put mandatory service in the various scenarios for the bidding process. As the bids came back in from various companies, it became evident that the mandatory residential service would yield the lowest monthly rate for residential customers.
"The decision for the council was how we could get the best deal for our community," said Ward 5 Councilman Cal Eilrich. "Mandatory pick up made a big difference in cost to residential customers--it was the best way we could go for our community as a whole."
The lower residential rates for mandatory service--less than $22 per month--are based on sheer numbers. Under the current voluntary scenario, approximately 4,300 households utilize trash service from Waste Management. Based on estimates from the new contractor, Trashpros, about 6,500 households will receive trash service.
TrashPros submitted the lowest bid for residential service, plus the company offered a deeper discount for seniors--25 percent versus 20 percent offered by Waste Management. Seniors who wish to take advantage of the discount need to sign up by contacting TrashPros at 575-0707.
Another concern expressed by a number of residents involves the rapidly rising unemployment rate and the fact that many are now struggling to make ends meet. Mayor Todd Cutler and members of the city council have indicated they are working with TrashPros to hammer out some form of assistance for those in need.
"I'm obviously concerned with so many people losing their jobs," Cutler said. "I will make a recommendation to the council to assist those who are truly struggling to pay their bills."
Also on the agenda for Monday evening's special session, the council will be considering requests from a half dozen residents who are seeking an exemption from the new mandatory pick up requirement.
The full agenda can be accessed here: http://www.cityoffernley.org/documents/Agendas%20&%20Minutes/City%20Council/2008/08-12-22%20%20FCC%20Agenda%20-%20Special%20Meeting.PDF

It's Official: Bacock Bows Out

In closing out what could be arguably termed one of the most divisive chapters in the relatively short history of the City of Fernley, Gary Bacock signed an agreement with the city late Friday afternoon effectively resigning his post as City Manager.
Mayor Todd Cutler said he was on hand to execute the agreement just minutes shy of the 5 p.m. deadline for Bacock's acceptance, which was imposed by the city council earlier in the week. The Mayor said that after he signed off on the agreement he shook Bacock's hand, wished him well, and thanked him for his work.
"We need to move forward. We can learn from the past, but we don't have to cling to it," Cutler said. "The City Manager gave 10 years of service to the town and city, and I appreciate that."
Bacock's agreement with the city, which was hammered out at last Wednesday's city council meeting, allows the long-time top executive to resign with four months severance pay along with accrued sick time that reportedly amounts to 706 hours. The agreement essentially nets Bacock the same terms he would have received had he been terminated.
The prospect of being fired apparently loomed large on the horizon for Bacock. "Due to the election, it is clear that a transition is coming," he wrote in an agenda report prepared for the December 17 council meeting.
Bacock's original proposal called for him to be placed on paid administrative leave for six months in exchange for transitional assistance and a release from potential litigation with the city. An alternative proposal reducing the period to four months was submitted prior to the council meeting.
However, the City Manager's majority base of support among city council members evaporated at Wednesday's meeting leaving him placed on paid administrative leave immediately with a 5 p.m. Friday deadline to resign and take the severance package.
The 3-2 council vote represented a significant shift from just last August when the council voted 3-2 to retain Bacock. At that point, the City Manager had the support of Elayne Logue, Ward 1; Joe Mortensen, Ward 2; and Monte Martin, Ward 3. Mortensen even cut short an Alaska vacation in order to be back in Fernley for the pivotal council session.
However, Mortensen proved once again to be the crucial swing vote at Wednesday's meeting, this time voting to support Bacock's resignation and severance agreement. Mortensen won a seat on the Lyon County Commission in the November election, and Logue was defeated in a bid to retain her Ward 1 seat on the council.
Council members Curt Chaffin, Ward 4, and Cal Eilrich, Ward 5, had pushed for a change in the city's top executive this past August and they were once again at the forefront of the action during last Wednesday's council session.
"Last Wednesday's council meeting was one of the most difficult I've been involved in," Chaffin said. "But it's time for change, and I believe we'll see our city move forward in a very positive way."
Bacock, whose leadership style and decision-making has spurred contentious debate among citizens and the council alike, pulled down a salary in the low six figures. He first served as town manager and then city manager following the city's incorporation.
Community Development Director Fred Turnier was appointed Acting City Manager following Bacock's departure after being placed on immediate paid administrative leave at Wednesday's council session. Now that Bacock has resigned, Turnier will remain in that post until the January 7 council meeting when an Interim City Manager will be decided by the council. The Interim City Manager will function in that position until such time as a permanent City Manager can be hired.
Turnier said that he conducted an "all hands" meeting with city staff late in the week to reassure them that it will remain "business as usual" at city hall.

Bacock's Bid Backfires

In a stunning turn of events, City Manager Gary Bacock's bid to structure the terms of his separation met with stiff resistance among members of the Fernley City Council at yesterday's meeting. The long-time top executive's majority of support on the council evaporated, leaving him placed on paid administrative leave immediately with a deadline of 5 p.m. Friday to accept the standard four-month severance package.
Bacock, who has been the city's top paid executive for the past 10 years, expressed little emotion as the council abruptly decided his fate. However, Bacock did not move after being asked to leave the council meeting, so Mayor Todd Cutler called a 10 minute recess to give Bacock an opportunity to gather his things and make his departure.
Initially, it appeared the council was going to pass on taking any action at all as they discussed Bacock's initial proposal that called for a six-month severance package--two more months than he would get if terminated.
In looking over Bacock's agreement Ward 4 Councilman Curt Chaffin said, "There's one item I don't like, which is six months pay in exchange for many protections for the city. I believe we should stay with four months."
Cal Eilrich, Ward 5, then indicated that if Bacock wants to resign, then he should present the city with a letter of resignation contingent on a settlement agreement. "I don't believe this should be a long drawn out affair," Eilrich said.
At that point, the Mayor polled the council for any motions or action on the proposal, and the council was silent.
Chaffin then mentioned the alternate four-month proposal that was submitted after the original six-month settlement agreement. "There is an alternate settlement agreement that was prepared and it should be considered at this time," Chaffin said.
Eilrich said he believed the alternate four-month settlement agreement would be supported. However, the councilman added provisions to speed up the timeline.
"I would add that Mr. Bacock has until 5 p.m. Friday to accept the option," Eilrich said. "I believe that if he accepts, then he resigns--no paid administrative leave--just severance."
Eilrich then made a motion to have City Attorney Jeff McGowan draft an agreement to have the City Manager resign by 5 p.m. Friday and receive four months of severance as if he had been terminated. The councilman also wanted wording added to the agreement that would protect the city from possible lawsuits arising from the matter.
Chaffin supported the motion, and Mayor Cutler reluctantly opened the floor to public input on the matter, indicating that he feared a flood of people wanting to speak about the situation. The council chamber was filled to capacity at that point in the meeting.
Ironically, the only people to speak included a former councilman and a future councilman.
"The City Manager is offering to resign, but per his contract he's not entitled to severance," former councilman Ralph Menke said. "I have to question spending taxpayer dollars to pay severance on a resignation."
Responding, Eilrich said that in the staff report to the council there is an implied threat of litigation. That threat would apparently be mitigated by the settlement agreement.
"I would just as soon get on with the healing process this city needs to undergo," Eilrich said.
Don Parsons, who will be sworn in to the Ward 2 council seat in January, then told the council that he had "a bit of a problem with what's being proposed here."
"I don't know why Bacock thinks he's going to be terminated in January," Parsons said. "But this is a big boy world and anybody can threaten a lawsuit."
Parsons also expressed concern that Bacock would be paid accrued sick leave, which he indicated amounted to some 706 hours--suggesting that it be cut to only 25 percent.
Eilrich then asked the City Attorney for clarification. McGowan said that Bacock would be paid the accrued sick leave regardless of the terms of separation.
Seeing no further public input, Mayor Cutler called for a vote on Eilrich's motion and it passed 3-2 with nays from Elayne Logue, Ward 1 and Monte Martin, Ward 3.
Citing the potential for litigation, Eilrich then moved to have Bacock placed on paid administrative leave immediately, which garnered a quick second from Chaffin. That motion passed 3-2, again with nay votes from Logue and Martin.
"Mr. Bacock is to leave his post at this time," Mayor Cutler said. Seeing no movement from the City Manager, the Mayor then called a 10 minute recess to give Bacock an opportunity to leave the building.
Reconvening following the recess, the Mayor then appointed Community Development Director Fred Turnier to fill the post of Acting City Manager until such time as there is an actual vacancy in the position.
Turnier, who joined city staff in late September, previously worked as Director of Planning for the City of Reno, as a Planning Manager for a national engineering firm in Las Vegas, and was a Principal Planner for Clark County.

Council Set To Mull Bacock's Exit Agreement

Today's Fernley City Council meeting--set to begin at 4 p.m--will be punctuated by the council's consideration of long-time City Manager Gary Bacock's exit as the city's top executive and two versions of a proposed settlement agreement.
In what was originally slated to be the last council session before two new council members are sworn in during the first meeting in January, the council has now slated a special session for next Monday, apparently to clear some last minute business before the close of the year. More details on that to follow in an upcoming post...
The big item on today's agenda will see the council mulling over two proposed settlement agreements for Bacock, who said in an agenda report to the council that, "Due to the election, it is clear that a transition is coming."
Apparently seeing the handwriting on the wall, the embattled City Manager has proposed two versions of a settlement agreement with the city, one that would offer up six months of severance--two months longer than his current agreement with the city calls for in the event of termination--and another that offers the city's first and only manager the standard four months.
There are some nuances in wording between the two documents, but either version has a certain level of goodwill and transitional assistance attached to the agreement. On the surface, it appears that the major difference lies in the term--four months versus six.
In his agenda report to the council dated December 11, Bacock recommends three current department heads as possible candidates for the interim city manager: Bonnie Duke, Finance Director/Treasurer; Lowell Patton, Public Works Director; and Fred Turnier, Community Development Director. "Each of these department heads has the experience to temporarily fill this acting assignment," Bacock tells the council.
Based on the terms of either agreement, Bacock will be placed on paid administrative leave Saturday, December 20. Bacock, who pulls down a salary in the low six figures, was hired as Fernley's first town manager in September 1998. He became city manager when the town incorporated July 1, 2001.
Tucked away on the council's standard consent agenda are a couple of items worthy of note...
There are three acquisitions of land for water conveyance projects, presumably tied to the ongoing construction of the city's water treatment plant. The combined cost of those acquisitions total $183,000.
The council will also award the construction contract for the Nevada Pacific Parkway waterline relocation project that has to be done in order for the new interchange to proceed at I-80. While the city has a shared cost agreement with Nevada Department of Transportation, the city's exposure on the project is pegged at $436,613.38.
Other regular agenda items include swearing in the 2009 Youth City Council, and a review of all appointments to various committees and commissions in an effort to determine whether a council member, city staffer or a member of the public would be better suited to certain committees.