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The Truckee-Carson Irrigation District is questioning whether it will sign off on plans for a new school in Fernley that will lie below the Truckee Canal.
The TCID board met with city of Fernley officials Tuesday to discuss whether the irrigation district is under legal obligation to sign parcel maps or improvement plans it may disagree with.
The Lyon County School District wants to build a new school north of Farm District Road in the area previously prepped for the Silverland Estates phase two development.
TCID board member Ray Peterson, who also chairs the Operations and Maintenance committee, said the district is concerned because the proposed school site is lower than the canal.
In light of the January 2008 Truckee Canal breach, TCID wants to ensure building designers and engineers consider the possibility of another breach and that proper drainage for 700 cubic feet per second of water is available.
Project Manager Dave Overvold also said the school district agreed to but has not yet produced an analysis of what a 700 cfs flow of water would do. Because of that, Overvold said TCID may decide it does not want to approve the plans.
Audra Miller, a planner with design firm Lumos and Associates, said the school's construction plans and the parcel map are in compliance with the city of Fernley's code. She said the only is whether it is necessary for TCID to sign off on those plans.
She said Don Lattin, Lyon County School District attorney, told her TCID does not need to give its approval for the project to continue.
TCID's attorney, Michael Van Zandt, listened to the meeting via speakerphone and said TCID may not be legally required to approve those plans.
“We're facing the reality of seven lawsuits. I don't think we can bury our heads in the sane. TCID has to determine if it is legally obligated to sign those plans,” Van Zandt said.
TCID board member Dave Stix Jr., who represents the Fernley district, said Fernley and the school district needs to respect TCID's process and understand its concerns. He said all parties will face an enormous problem if the school district and city approve the parcel map and believe drainage is sufficient and a catastrophe strikes again.
Stix said the health and safety of the school children is paramount and claimed Lumos and Associates failed to show due diligence in preparing the plans and including TCID in its process.
The school's proposed improvement plan and parcel map will be presented to TCID's Operations and Maintenance Committee next week. From there, the O&M committee will presents its recommendations to the TCID board at its Aug. 7 meeting.
Other items discussed at the TCID board meeting:
• Fred Rogne of E.H. Hursh Insurance provided the board with a public entity liability insurance policy quote. He said of the many companies contacted, only one provided quote because of TCID's ongoing legal battles.
The board voted to accept the offer of $11,138 for $1 million worth of coverage for one year, with a $25,000 deductible. The board previously budgeted $6,900 for insurance.
TCID was also forced to purchase Tail coverage, or liability insurance that extends beyond the end of a policy period. The district's coverage expired June 30 and wasn't renewed until July 7, and Tail insurance will cover the district for claims back to 1986. The new policy will only cover claims from July 1, 2009 and newer.
The board approved the purchase of a primary policy with ACE Municipal and two years of Tail coverage for $3,800.
• TCID continues to monitor the temporary transfer of about 6,000 acre feet of water from the city of Fernley to the Pyramid Lake Paiute Tribe. Overvold said the city wants to send the water to Pyramid Lake in exchange for one third of future water in upstream storage “if and when” the Truckee River Operating Agreement is implemented.
Overvold said TCID believes the water is Newlands Project water which cannot be used outside the project boundaries. He said neither TCID or the Bureau of Reclamation was consulted by Fernley prior to the water diversions, which started July 1. The board will attempt to protest the temporary transfer.
• TCID will have a tabletop exercise Sept. 30 in order to fulfill requirements set forth by the Bureau of Reclamation following the Truckee Canal breach. Overvold said although the district already had an exercise, BOR felt there weren't enough planning meetings prior to the exercise and wants TCID to have another one using requirements issued following the first exercise.
The exercise will be held at the North Lyon County Fire Department in Fernley and will include state, county and city emergency management personnel as well as Red Cross representatives.
• The district will issue small raises to 23 employees who split contributions to the state's retirement program with TCID. The raises were necessary because TCID contributes 100 percent of retirements funds to the Public Employees Retirement System for several employees, effectively giving them a raise.
Overvold said the raises will cost about $4,900.
• TCID will award bids in the near future to clean two pipes in Fernley which became plugged following the Truckee Canal breach. One project is cleaning about 300 feet of pipe under Farm District Road near Crimson Road. The other is cleaning about 3,000 feet of 36-inch pipe which lies under Wagon Wheel Drive and Highway 50A.
The Federal Emergency Management Agency will reimburse TCID 75 percent of the projects' costs when completed.
The TCID board met with city of Fernley officials Tuesday to discuss whether the irrigation district is under legal obligation to sign parcel maps or improvement plans it may disagree with.
The Lyon County School District wants to build a new school north of Farm District Road in the area previously prepped for the Silverland Estates phase two development.
TCID board member Ray Peterson, who also chairs the Operations and Maintenance committee, said the district is concerned because the proposed school site is lower than the canal.
In light of the January 2008 Truckee Canal breach, TCID wants to ensure building designers and engineers consider the possibility of another breach and that proper drainage for 700 cubic feet per second of water is available.
Project Manager Dave Overvold also said the school district agreed to but has not yet produced an analysis of what a 700 cfs flow of water would do. Because of that, Overvold said TCID may decide it does not want to approve the plans.
Audra Miller, a planner with design firm Lumos and Associates, said the school's construction plans and the parcel map are in compliance with the city of Fernley's code. She said the only is whether it is necessary for TCID to sign off on those plans.
She said Don Lattin, Lyon County School District attorney, told her TCID does not need to give its approval for the project to continue.
TCID's attorney, Michael Van Zandt, listened to the meeting via speakerphone and said TCID may not be legally required to approve those plans.
“We're facing the reality of seven lawsuits. I don't think we can bury our heads in the sane. TCID has to determine if it is legally obligated to sign those plans,” Van Zandt said.
TCID board member Dave Stix Jr., who represents the Fernley district, said Fernley and the school district needs to respect TCID's process and understand its concerns. He said all parties will face an enormous problem if the school district and city approve the parcel map and believe drainage is sufficient and a catastrophe strikes again.
Stix said the health and safety of the school children is paramount and claimed Lumos and Associates failed to show due diligence in preparing the plans and including TCID in its process.
The school's proposed improvement plan and parcel map will be presented to TCID's Operations and Maintenance Committee next week. From there, the O&M committee will presents its recommendations to the TCID board at its Aug. 7 meeting.
Other items discussed at the TCID board meeting:
• Fred Rogne of E.H. Hursh Insurance provided the board with a public entity liability insurance policy quote. He said of the many companies contacted, only one provided quote because of TCID's ongoing legal battles.
The board voted to accept the offer of $11,138 for $1 million worth of coverage for one year, with a $25,000 deductible. The board previously budgeted $6,900 for insurance.
TCID was also forced to purchase Tail coverage, or liability insurance that extends beyond the end of a policy period. The district's coverage expired June 30 and wasn't renewed until July 7, and Tail insurance will cover the district for claims back to 1986. The new policy will only cover claims from July 1, 2009 and newer.
The board approved the purchase of a primary policy with ACE Municipal and two years of Tail coverage for $3,800.
• TCID continues to monitor the temporary transfer of about 6,000 acre feet of water from the city of Fernley to the Pyramid Lake Paiute Tribe. Overvold said the city wants to send the water to Pyramid Lake in exchange for one third of future water in upstream storage “if and when” the Truckee River Operating Agreement is implemented.
Overvold said TCID believes the water is Newlands Project water which cannot be used outside the project boundaries. He said neither TCID or the Bureau of Reclamation was consulted by Fernley prior to the water diversions, which started July 1. The board will attempt to protest the temporary transfer.
• TCID will have a tabletop exercise Sept. 30 in order to fulfill requirements set forth by the Bureau of Reclamation following the Truckee Canal breach. Overvold said although the district already had an exercise, BOR felt there weren't enough planning meetings prior to the exercise and wants TCID to have another one using requirements issued following the first exercise.
The exercise will be held at the North Lyon County Fire Department in Fernley and will include state, county and city emergency management personnel as well as Red Cross representatives.
• The district will issue small raises to 23 employees who split contributions to the state's retirement program with TCID. The raises were necessary because TCID contributes 100 percent of retirements funds to the Public Employees Retirement System for several employees, effectively giving them a raise.
Overvold said the raises will cost about $4,900.
• TCID will award bids in the near future to clean two pipes in Fernley which became plugged following the Truckee Canal breach. One project is cleaning about 300 feet of pipe under Farm District Road near Crimson Road. The other is cleaning about 3,000 feet of 36-inch pipe which lies under Wagon Wheel Drive and Highway 50A.
The Federal Emergency Management Agency will reimburse TCID 75 percent of the projects' costs when completed.
