Links: Home Agendas and Calendars
Board Minutes GRGID
News Page
Organizational Chart
GRGID History
Minutes of the Gardnerville Ranchos General Improvement District Board of Trustees meeting held May 7, 2008 @ 6 p.m. at 931 Mitch Drive Gardnerville, Nevada
Pledge of Allegiance: Led by Bruce Reavis
Trustees Present: Al Wagner, Beverly Page and Bruce Reavis. Cade Baligad and Jeff James were absent. Bob stated that Jeff had broken his leg a couple of weeks ago and was not sure he would make it to the meeting.
Also Present: Bob Spellberg, Dawn Hinds, Steve Handelin, Randall Long and the public.
Approval of the Minutes: April 2, 2008
Beverly Page motioned to approve the Minutes from the April 2, 2008 board meeting. Bruce Reavis seconded the motion. Three ayes. Motion passed.
Public Comment: Judy Saferite, resident on Topaz Lane, complimented the District on the progress of Mitch Drive Park. She regularly walks the trail with a group of friends.
Ms. Saferite did object however, to the proposed fishing pond on the basis that she did not feel it was safe to put a body of water where children are playing and there is no lifeguard. She also stated that fishing regulations will not be followed if there is a pond because there will be no controls and also she is concerned about evaporation.
Jeff James joined the meeting at 6:08 p.m.
Staff Reports:
District Engineer: Randall Long of Lumos and Associates stated that the updates to the Policies and Procedures Manual have been completed. He also announced that the street project is underway and will be ongoing through out the summer.
District Counsel: Steve Handelin stated that he and Bob have been working on the Personnel Manual and will be meeting with the Nevada Public Agency Insurance Pool to discuss some issues they have with it. When the issues are worked out Steve and Bob will bring the new Manual back to the Board for approval.
District Manager: Bob announced that the Budget meeting will be held at 8:00 a.m. May 15, 2008.
Bob has been working on the evaluations for employees. He stated that everything looks good.
Bob attended the quarterly insurance meeting for the POOL. There will be a minimal increase in premiums of 3 to 4 % which is good.
Bob mentioned that one of the opinions of the Insurance pool is that pre employment drug testing is in violation of a person’s rights. You can randomly drug test however, for employees in safety positions.
Bob has been pricing new copiers. He is discussing the cost of leases with a salesman now. If he cannot get a good deal however, he will keep the current copier.
Old Business: None
New Business:
I. Annexation Agreement between Vince Sheehan and the District for land designated as APN# 1220-16-101-020 located on Jodi Lane - Action Item.
Bob stated that there have been legal issues with water rights protests by the Paiute Indian Tribe for about a year and ½ now. Mr. Sheehan reapplied and the application was not protested this time. Bob stated that even if the Board approves the annexation, as stated within the agreement, the District will not sign the final map until water rights are approved for transfer by the State Engineer. Randall Long stated that he checked on the State Engineer’s web page and the Sheehan water rights stated they are “ready for action”.
Vincent Sheehan stated that he talked directly to the State Engineer’s off ice and confirmed that the water rights are ready for action. There was no protest within the proper protest period. Mr. Sheehan is working with RCI and they are waiting for the permit letter from the state.
Al stated that he sees no risk to the District by approving the annexation agreement.
Randall Long stated that there would be no violation to the policy and procedures manual if the Board accepted the annexation agreement.
Jeff James motioned to approve the annexation agreement between the District and Vincent and Joan Sheehan and direct District Counsel to prepare an order of annexation. Bruce Reavis seconded the motion. Three ayes. One Nay. Beverly Page stood opposed. Motion passed.
*copy of annexation agreement dated April 15, 2008
II. Mitch Drive Park discuss three workshops regarding the park and request permission to construct children’s playground equipment – Action Item.
Bob discussed the three workshops with the Board. He stated that he only had one negative comment, it was regarding the fishing pond and that person had the same concerns as Mrs. Saferite. Most people were happy to see the land being used for passive recreation. Even some people who live around the park came to the workshops to say they are very happy with the park and they use the trail. Some residents suggested restrooms and lighting and another suggested a botanical garden with seating areas and plants which would attract butterflies and hummingbirds.
Bob asked the board for approval to build the children’s play area. He stated that the District already has the equipment he just needs approval to install it. The playground equipment has to be installed by a licensed professional which will cost around $19,000. There will be additional costs for landscaping and fibar estimated total not to exceed $60,000.
Beverly asked if insurance will go up because of playground equipment and the other things the District is adding. Bob stated that the District added Parks to the policy last year and any increases this year were not due to that addition.
Bob stated that he hopes to have everything done and installed by June 30.
Bruce Reavis motioned to direct the District Manager to construct the children’s playground equipment within Mitch Drive Park as per designated within the Mitch Drive Park Master Plan. Beverly Page seconded the motion. Four Ayes. Motion passed.
III. Review to authorize
general counsel to enter a formal appearance in two
litigations, one in Federal Court (case no. 3:73-cv-00183-LDG) and
one in State
Court (case no. 33537 Third Judicial District), which appeal the
decision of the
State Engineer favoring the District and others – Action Item.
Steve Handelin explained that the State Engineer’s opinion has been appealed in the Federal Court in the Third Judicial District Court. Last month there was a motion to change venue to the Ninth Judicial District and that has occurred. Steve stated the benefits of joining the litigation are to show a united front and it also makes us party to an action either favorable or unfavorable. Steve stated he believed the hourly rate for attorney services is $150.00 per hour. The Town of Minden is a major player this litigation and has brought in a national law firm who specialized in water rights. Mike Rowe and Steve both believe it is important for the District to join this legal action to protect it’s holdings in their future water rights.
The Board is concerned about cost and that the lawsuit could drag on for years. Beverly stated that Steve had listed the pros of joining and asked what the cons would be. Steve stated that if the District is not a party it may not be bound by a favorable decision or if there is an adverse decision the district may not be able to join in an appeal.
Beverly stated that the District does not have any excess water rights. Randall answered that the Tribes strategy is to protest any transfer of water rights. This could jeopardize the transfers within the District for its own maintenance purposes for example if a well is too high in arsenic the District may not be able to drill a new well. Any water rights transfer within the District could be very difficult if not impossible. Randall stated that the District has not put all water rights to beneficial use. The District uses around 75% of its water rights today; the rest is a commitment to the future for subdivisions that have not yet been built, for example, San Juan Ventures. Those are the rights that are in jeopardy. The Paiute Tribe is saying that since you have not put these water rights to beneficial use then you should lose them because the basin’s water is already over allocated.
Steve explained if the District joins that does not mean that the District will have to go to every court proceeding and that they can do a lot of work from the sidelines. Douglas County and Minden will be the major players. The main reason for being involved is to be aware of what is going on and to preserve the District’s rights.
Bob stated that the worse case scenario would be that the District would not be able to transfer water. The District would have to use what is allocated to its wells and there would be no more growth in the Ranchos. Bob stated that if a well needed to be drilled for any reason it would have to be within 300 feet of the existing well.
Al felt that there should be an amount set to spend on an annual basis. Bruce Reavis stated that he didn’t think that the District had any choice but to join. Beverly stated that she didn’t think they should join because of cost and that the District didn’t have any water rights to sell.
Public Comment: Chuck Hill commented that water is something worth fighting for. He agreed it was going to cost a lot of money but believes there is less to be lost by fighting for it.
Beverly Page motioned to deny the District to join legal action on water rights. The motion failed for lack of a second
Bruce motioned to authorize counsel to join with the Town of Minden and others in litigation on the state and federal level. Jeff James seconded the motion.
Al Wagner commented that the motion should have a dollar amount. Bob stated he had $50,000 in the budget that the District could use and stated that should go a long way. Beverly asked if the District would have to raise water rates because of this. Bob did not know for sure, but if necessary the District could raise connection fees. Al thought there should be a full board to make an important decision like this one. The Board decided to wait until Cade could be present and they had a full board. Bob suggested having a special meeting after the scheduled Budget meeting on May 15, 2008.
Bruce withdrew his previous motion. Jeff James withdrew his second.
Bruce
Reavis motioned to hold a special meeting on May 15, 2008
after the conclusion of the budget meeting. Jeff James
seconded the
motion. Three ayes. One Nay. Beverly Page stood
opposed. Motion
passed.
Consent Calendar:
Jeff James motioned to approve the consent calendar. Bruce Reavis seconded the motion. Four ayes. Motion passed.
Reports: Al asked how the solar panels were working. Bob stated that the power bill for the off ice this month was $12.00, so they must be working well.
Adjournment:
Bruce Reavis motioned to adjourn the meeting. Jeff James seconded the motion. Four Ayes. Motion passed.
Meeting adjourned at 7:30 p.m.
By
____________________________________
Dawn
Hinds
Acting
Secretary
__________________________________________________________________
Minutes of the
Gardnerville Ranchos General Improvement DistrictPledge of Allegiance: led by Cade Baligad
Trustees Present: Al Wagner, Bruce Reavis, Cade Baligad and Jeff James. Beverly Page did not attend as she had a personal matter to attend to.
Also Present: Bob Spellberg and Dawn Hinds
I. Tentative Budget discussion and adoption of the tentative budget for fiscal year 2008-2009 with possible adjustments to the fiscal year 2007-2008 final budget – Action Item.
Bob reviewed the budget in detail with the board. There was a minor typing error on Page 14 which Bob will change.
Cade Baligad motioned to approve the revisions to the 2007-2008 budget and approve the tentative budget as final for the year 2008-2009 with the change to page 14. Bruce Reavis seconded the motion. Four ayes. Motion passed.
*copy of the tentative budget for the fiscal year ending June 30, 2009, dated May 7, 2008.
II. District Manager’s report on requested salary adjustments for District employees for fiscal year 2008-2009.
Bob reported that the cost of living for this year will be 2.3%. He estimated that next year it will be much higher.
Bruce Reavis motioned to approve the District Manager’s salary adjustment for District Employees for fiscal year 2008-2009. Jeff James seconded the motion. Four ayes. Motion passed.
III. Evaluate goals of the District Manager for fiscal year 2007-2008 for the purpose of a possible salary adjustment for fiscal year 2008-2009 – Action Item.
Bob reviewed his goals for the fiscal year 2007-2008 with the board for the purpose of a possible salary adjustment for fiscal year 2008-2009. The Board asked Bob what his requests were for a salary adjustment. Bob replied that he has budgeted 4.8% increase and a $7500.00 bonus or a 7% raise and a $5,000.00 bonus.
Bruce Reavis motioned to give The District Manager a 4.8% raise and a $7500.00 bonus. Jeff James seconded the motion. Four ayes. motion passed.
*copy of the District Manager Goals for the fiscal year 2007-2008 Cade Baligad motioned to adjourn the meeting. Bruce Reavis
seconded the motion. Four ayes. Motion passed.
by
____________________________________
Dawn
Hinds
Acting
Secretary
_____________________________________________________________________________________________________
Minutes of the Gardnerville Ranchos General Improvement District Board of Trustees Special Meeting held May 15, 2008 @ 9:00 a.m.931 Mitch Drive, Gardnerville, Nevada
Trustees Present: Bruce Reavis, Al Wagner, Jeff James and Cade Baligad. Beverly Page did not attend because of personal reasons.
Also Present: Bob Spellberg, Dawn Hinds, Steve Handelin, Randall Long and Mike Rowe.
I. Review authorization for general counsel to enter a formal appearance in two litigations, one in Federal Court (case no. 3:73-cv-00183-LDG) and one in State Court (case no. 33537 Third Judicial District), which appeal the decision of the State Engineer favoring the District and others – Action Item.
Mike Rowe began with a background stating that the litigation initially began in Churchill County. The Town of Minden moved for a change of venue to bring it to Douglas County where the matter is now pending.
Randall Long of Lumos and Associates was present with the engineer’s opinion. Originally there were a bunch of water rights applications from the Ranchos, Douglas County, Minden and town of Gardnerville that were all protested by the Paiute Tribe. The tribe’s argument is that the Carson Valley basin is already over allocated and by allowing the transfer of water rights would use more water. This is ground water which depletes the Carson River which takes water out of what would be going to Lake Lahonton and there by takes from their facilities. The State Engineer set up dates where the Tribe had to have all their information in proving their complaint. The information was reviewed by the State Engineer and they found there was enough data to take action without a hearing. The State Engineer came up with a summary stating that the applications were valid and disagreeing with the Tribe’s protests. The applications were pushed forward and the Tribe followed up with their lawsuit.
Mike Rowe stated that the main issue is will the District decide to make a formal appearance in the actions. He could not really tell the Board what the fiscal impact would be to the District by joining in litigation. Mike explained that this type of litigation will not be depositions and interviews of people and those sort of things which take up a lot of time and money. There will be a review of the record and parties will argue either for or against the decision and whether or not there is evidence in the record. Mike estimated it may take a year or more through the District court and there will probably be an appeal. Mike said because the Town of Minden has hired a National Law Firm out of Colorado, the district’s role should it become involved, would be more of a monitoring role.
Mike feels the main issue for the District is the water rights which are dedicated to the District which have not been put to beneficial use yet. If the Tribe wins those are the water rights which would risk being lost.
Mike explained that his hourly rate is $150.00 per hour. Mike stated that this litigation would not be covered by his retainer. Mike stated that if the board authorizes it he will keep track of the hourly rate and would submit the District a separate invoice monthly with the hourly charges broken down to a tenth of an hour. Mike let the board know there will be some other costs such as filing fees of $175.00, especially in the beginning, which would also be added to the monthly invoice.
Al asked Bob how the District would be impacted if the Paiute Tribe were to prevail in the lawsuit. Bob stated it would limit the District’s options in moving water rights from well to well. If there was an arsenic problem in a well the District would only be able to drill within 300 feet of that same well. Bob stated if the District ever wanted to grow it could be forced to build a pipeline from the Ranchos to Minden. The District would then have to buy water from Minden.
Al suggested asking some developers who have plans to build in the Ranchos in the future to contribute to the cost. Bob suggested raising hookup fees to make up for legal costs. Bruce stated he does not think there is time to wait for contributions from developers. Cade felt the real problem was deciding how much to allocate per year to the cause. Mike suggested category user fees like the District uses for homes hooked up to the sewer after June of 1990; sewer hookup fees were also raised at that time.
Mike said there may be months when it looks like nothing has been done where others will be much busier. He also told the Board that they can pull out at any time. Mike will provide monthly reports to the Board so they will know where they stand in the issues. Mike also suggested periodic reviews which would be placed on the Agenda during the year so the Board can decide at what level they would like to participate in the litigation.
Bruce
Reavis motioned to authorize for general counsel to enter a formal appearance
in two litigations, one in Federal Court (case no.
3:73-cv-00183-LDG) and one in State Court (case no.
33537 Third Judicial District), which appeal the decision of the State
Engineer favoring the District and others. Jeff James
seconded the motion. Four ayes. Motion passed.
Bruce Reavis motioned to adjourn the meeting. Jeff James seconded the motion. Four ayes. Motion passed
by
____________________________
Dawn Hinds
Acting Secretary
______________________________________________________________________________________________________________
Minutes of the Gardnerville Ranchos General Improvement District Board of Trustees Meeting held April 2, 2008 @ 6:00 pm at 931 Mitch Drive, Gardnerville, NV.
Pledge of Allegiance: Led by Jeff James
Trustees Present: Bruce Reavis, Jeff James, Cade Baligad, Beverly Page, and Al Wagner
Also Present: Bob Spellberg, Beth Cook, Steve Handelin, Randall Long, and the public.
Approval of the Minutes:
Bruce Reavis motioned to approve the minutes of the March 5, 2008 with corrections on page 3 item 4. Cade Baligad seconded the motion. All ayes. Motion passed.
Public Comment:
John Palen of Rancho Rd. commented that some of the cracks in the streets seem to be getting bigger.
Staff Reports:
District Engineer: Randall Long of Lumos and Associates was present. The 2008 Street Project pre-con meeting will be held in the next two weeks. The 2009 Street Project will be awarded tonight. The Ranchos Sierra Annexation is on hold until the contractor comes back to Lumos with some numbers.
District Counsel: Steve Handelin and Bob have been working on a final draft of the Policy and Procedure Manual for the Pool/Pact. It will be presented to the Pool tomorrow. The Pool will review it to make sure it falls within their guidelines. Then it will be brought back to the Board for approval. Water rights protests are in the court system now and it looks as though this may be going on for a while. Steve attended the small claims action in court with Doug with Bob.
District Manager: Crack sealing is continuing this year. Weed spraying is over for the season. The park is complete as far as the tennis courts go. There are two more public hearings for the park. Bob is working on health insurance with the League of Cities. Bob is concerned about some of the increases in the policies. He will review the policies with the Board after some more discussions with the League of Cities. Well four’s casing has been set and the gravel pack is in. The next step is to put the pump and the motor in. April 17th has been scheduled for the presentation of the solar project. The budget hearing has been scheduled for May 15th or the 16th. Bob will email the Board to decide on a day and a time. A small claims action was filed against Doug and the court date was yesterday. The District was added as a defendant in open court, and Doug was dismissed since Doug was acting within the scope of his employment with the District at the time of the accident.
NEW BUSINESS
2. 2009 Street Improvement Project to award bid to most responsible and responsive bidder. Action Item.
The engineers estimate for the project was $1,410,609.86. A total of seven bids were received with Wilson Construction have the lowest bid of $1,137,825.25.
Jeff James motioned to award the 2009 Street Project to Wilson Construction for $1,137,825.25. Bruce Reavis seconded the motion. All ayes. Motion passed.
3. Budget 2007-2008 update with discussion of 2008-2009 budget. Discussion only.
Bob presented the 2007-2008 tentative budget to the Board.
CONSENT CALENDAR
Beverly Page motioned to approve the consent calendar. Bruce Reavis seconded the motion. All ayes. Motion passed.
REPORTS
Beverly asked Bob how many wells would be working this weekend. She was concerned about pressure because many people would be starting their irrigation systems. Bob explained that there are plenty of wells ready to go and there should not be a problem.
ADJOURNMENT
Bruce Reavis motioned to adjourn the meeting. Cade Baligad seconded the motion. All ayes. Meeting adjourned at 7:20 pm
_______________________
Beth Cook Acting Secretary
_________________________________________________________________________________________________
Minutes of the
Gardnerville Ranchos General Improvement District
Board of Trustees Meeting held March 5, 2008
@ 6 pm at 931 Mitch Drive
Gardnerville, Nevada
Pledge of Allegiance: Led by Cade Baligad
Trustees Present: Bruce Reavis, Jeff James, Cade Baligad, Beverly Page and Al Wagner.
Also Present: Randall Long, Steve Handelin, Bob Spellberg, Dawn Hinds and the public.
Approval of the Minutes:
Cade Baligad motioned to approve the minutes from the February
6, 2008 board meeting. Beverly Page seconded the
motion. Four
ayes. Motion passed. Bruce Reavis did not vote since
he was not
present at the February meeting.
Public Comment: None
Staff Reports:
District Engineer: Randall Long of Lumos and Associates was present to review the Project Tracking Schedule from March 5, 2008. (See attached).
District Counsel: Steve Handelin stated there were a couple of changes to the resolution which he would address later in the meeting. Steve has been meeting with Bob in regards to the changes to the Personnel Policies Manual and delivered a draft to Bob today for his review.
District Manager: Bob Spellberg stated that the solar project is up and running and the District is sending power back to Sierra Pacific. Sierra Pacific will be presenting the District with a check for around $48,000 in the next few weeks and there will be a ribbon cutting ceremony for that occasion.
Bob has been working with Randall on the Sikora Subdivision project regarding water and drainage issues.
Bob has been working on the Budget for the coming Fiscal Year 2008-2009. Bob stated there are no surprises in it and he will bring the tentative budget to the April meeting.
The 2009 Street Project should be out to bid on March 14, 2008 and the bid opening will be held on April 1, 2008. The bid will be awarded at the April 2, 2008 Board meeting.
Bob has posted the street projects on the District’s web page at www.grgid.com. Customers will be able to look at the street maps and see which roads are being repaired for the upcoming projects.
Bob mentioned he is working with Steve on the Personnel Policies Manual and when they have completed it they will send it to the insurance company to make sure they are happy with it. With the approval of the insurance company Bob will then bring the updated Personnel Policies Manual to the Board for approval.
Old Business:
I. Resolution 08-01 adopting a revision to the District’s policy regarding replacing driveway approaches when not used – Action Item.
Bob stated that Resolution 08-01 affirms the Board’s decision to update District Policy regarding non use of driveway aprons within new subdivisions. Steve reviewed three small changes to the Resolution with the Board. The Board approved of the changes.
Public Comment: None
Beverly Page motioned to approve the Resolution 08-01 regarding the
clarification of District’s Policy on non
use of driveway aprons within new subdivisions. Cade Baligad seconded the
motion. All ayes. Motion
passed. *copy of Resolution
08-01
New Business:
II. 2008 Street Improvement Project award bid to most responsible and responsive bidder – Action Item.
Bob stated that there were nine bidders total. The Engineer’s estimate was $1,312,408.85 and the lowest bid came in at $984,702.70. District Staff there fore recommends that the award be considered to Wilson Construction, Inc., for the amount of $984,702.70. Wilson Construction, Inc., a Nevada contractor licensee, is of good standing and its bid was found to be complete.
Jeff James motioned to award the bid to Wilson Construction, Inc. in
the amount of $984,702.70 for the District’s 2008 Street Improvement
Project. Beverly Page seconded the motion. All ayes. Motion passed.
*Letter by Michael Bennett, recommendation of award dated March 4, 2008.
III. Well Four report on rehabilitation efforts with recommendations to affect repair or replacement – Action Item.
Bob explained that the well was originally built in 1979 and immediately started sanding. The Board at that time hired a William Nork who devised a plan to rid the well of sand. In 1982 a smaller casing was installed which went down about 190 feet this worked for a while. The plan now is to install a 10 inch casing and then gravel pack it with the proper screening. The well will need a new motor and bowls then it should produce about 700-800 gpm. The total well rehab cost will be between 60,000 and 70,000 dollars.
Public Comment: None
No action was taken on this item as it turned out to be a repair and not a replacement project.
IV. Traffic Control Device request to install a stop or yield sign at the corner of Long Valley Road and Rancho Road – Action Item.
Chairman Al Wagner is requesting a traffic control devise (Stop sign) at the corner of Long Valley Road and Rancho Road. Al stated that a sign is needed on the East side of Rancho Road because of the ATV and other traffic heading in and out of the sand pits on Long Valley Road. Randall stated that the County does not have to do traffic studies on new signage for GID’s and getting approval to install a sign now is practically a rubber stamp. Bob stated he will call the county and have a stop sign approved for the District to install.
Public Comment: None
Bruce Reavis motioned to direct District Staff to follow County policy
in applying for a traffic control device for the intersection of Rancho
Road and Long Valley Road. Cade Baligad seconded the motion.
All ayes. Motion passed.
Consent Calendar:
Beverly Page motioned to approve the Consent Calendar. Jeff James
seconded the motion. All ayes. Motion passed.
Trustee Reports:
Cade Baligad stated that he and his family enjoy the new Mitch Drive Park. Cade mentioned that the guys are doing a good job crack sealing.
Adjournment:
Bruce Reavis motioned to adjourn the meeting. Al Wagner seconded
the motion. All ayes. Motion passed.
Meeting adjourned at 6:48 p.m.
_________________________________
by: Dawn Hinds, Acting Secretary