07-06-17 Agenda with Supporting Materials

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CARSON CITY CONSOLIDATED MUNICIPALITY
NOTICE OF MEETING OF THE 
BOARD OF SUPERVISORS

Day:            Thursday
Date:           July 6, 2017
Time:          Beginning at 8:30 am
Location:   Community Center, Sierra Room
                   851 East William Street
                   Carson City, Nevada

AGENDA

1.    Call to Order - Board of Supervisors

2.    Roll Call

3.    Invocation -
Chad Adamik, St. Paul's Lutheran Family

4.    Pledge of Allegiance

5.    Public Comment:**

The public is invited at this time to comment on and discuss any topic that is relevant to, or within the authority of this public body.

6.    For Possible Action:  Approval of Minutes - June 1, 2017

7.    For Possible Action:  Adoption of Agenda

8.    Special Presentations


 8.A   Presentation of a proclamation for Parks and Recreation Month, July 2017.  (Jennifer Budge)
 
 8.B   Presentation and acknowledgement of donors and contributions to the Parks, Recreation and Open Space Department for fiscal year 2016-2017. (Jennifer Budge, jbudge@carson.org) 
  
 8.C   Recognition of Carson City as a 2016 recipient of the Universal Public Procurement Certification Council Agency Certification Award in the small agency category.  (Laura Rader)

Consent Agenda

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All matters listed under the consent agenda are considered routine and may be acted upon by the Board of Supervisors with one action and without an extensive hearing.  Any member of the Board may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.  The Mayor, or the Mayor Pro-Tem, retains discretion in deciding whether or not an item will be pulled off the consent agenda.
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9.    City Manager

 9.A   For Possible Action: To adopt a resolution designating the Carson City Courthouse, located at 885 E. Musser Street, Carson City, Nevada as the official location for sales of real property as it relates to NRS 107.080-.081.    (Nick Marano, nmarano@carson.org)

Staff Summary:  The Governor signed into law Senate Bill 267 of the 79th Session of the Nevada Legislature amending NRS 107.081(2) requiring that all sales of real property conducted pursuant to NRS 107.080 be held at a public location in the county designated by the governing body.  

10.    Finance

 10.A   For Possible Action: To adopt a resolution to levy the Carson City Fiscal Year 2017-18 ad valorem tax rates as certified by the Nevada Tax Commission. (Nancy Paulson, npaulson@carson.org) 

Staff Summary: By law, the Board of Supervisors sets the Carson City tax rates annually after the Nevada Tax Commission certifies the tax rates.  This resolution sets the tax rates as approved in the Board of Supervisors and Redevelopment Authority budget hearings as well as setting the local rates for other governing bodies.

 10.B   For Possible Action: To accept the report on the condition of each fund in the treasury and the statements of receipts and expenditures through June 23, 2017 per NRS 251.030 and NRS 354.290. (Nancy Paulson, npaulson@carson.org)

Staff Summary:  NRS 251.030 requires the Chief Financial Officer (for the purpose of the statute acting as the County Auditor) to report to the Board of Supervisors, at each regular meeting thereof, the condition of each fund in the treasury. NRS 354.290 requires the County Auditor to report to the Board of Supervisors a statement of revenues and expenditures based on the accounts and funds as were used in the budget.  A more detailed accounting is available on the City’s website – www.carson.org.

11.    Information Technology

 11.A   For Possible Action:  To approve the Interlocal Agreement between Carson City Information Technology and the State of Nevada to provide internet connectivity and network engineering services as required through SilverNet for Fiscal Year 2018 and 2019, the annual amount for these services will be $26,394.72.   (Laura Rader, lrader@carson.org and Eric Von Schimmelmann, evonschimmelmann@carson.org) 

Staff Summary: The SilverNet Interlocal Agreement will grant Carson City the ability to use the State of Nevada's SilverNet infrastructure to provide internet services.  The State of Nevada requires a review and renewal of our Interlocal Agreement every two years.  During this year’s review our account was upgraded to Tier 5 services.  The annual amount for these services will be $26,394.72 which were approved in the FY18 budget process under the Information Technology Department.

 11.B   For Possible Action:  To approve the Interlocal Agreement for Access to Nevada's Business Portal (Silverflume) between the Consolidated Municipality of Carson City and the Nevada Secretary of State's Office. (Eric Von Schimmelmann, evonschimmelmann@carson.org)

Staff Summary: The Silverflume Interlocal Agreement will grant Carson City staff the ability to use the Nevada's Business Portal to assist with the City's business licensing processes and develop new methods in the future.

12.    Purchasing and Contracts

 12.A   For Possible Action: To approve the purchase of one (1) Road Rescue Transit Ambulance from Emergency Vehicle Group, Inc. through the HGAC buy program (Houston-Galveston Area Council) cooperative purchasing agreement for a not to exceed amount of $92,436 to be funded from the Equipment Account. (Laura Rader, LRader@carson.org and Zach Good, ZGood@carson.org) 

Staff Summary: The purchase of this Basic Life Service (BLS) ambulance and the new BLS service will increase the ability of the Fire Department to better service the citizens of Carson City.  This BLS ambulance will be staffed by Basic Emergency Medical Technicians. They will respond to BLS type calls which will allow our Advanced Life Support (ALS) Paramedics to respond to calls for service that need a higher level of care.  This BLS ambulance will operate on a 40 hour a week schedule in order to divert medical calls away from Advanced Life Support units.  

(End of Consent Agenda)

Ordinances, Resolutions, and Other Items

13.    Any item(s) pulled from the Consent Agenda will be heard at this time.

14.    City Manager


 14.A   For Presentation Only: Presentation and final report of the 2017 Legislative Session.

Staff Report:  Mary Walker, Government Affairs Consultant will provide a recap and final report of the 2017 Legislative Session.

15.    Carson City Airport Authority

 15.A   For Possible Action: To introduce, on first reading, an ordinance amending the Carson City Municipal Code Title 19, Airport Rules And Regulations, by adding Section 19.02.020.370, to address permissible aircraft storage hanger use.  (Steve Tackes)

Staff Summary:  At a regular meeting of the Carson City Airport Authority on June 21 2017, publicly noticed for that purpose, the Authority approved an Amendment to CCMC Title 19 to adopt a Hangar Use Policy and rules for compliance as to Aircraft Storage Hangars on the Carson City Airport.

 15.B   For Possible Action:  To approve the airport terminal lease for flight school use of the west portion of the terminal building by Carson Aviation Adventures, LLC.  (Steve Tackes)

Staff Summary:  At a regular meeting of the Carson City Airport Authority on June 21, 2017, publicly noticed for that purpose, the Authority approved a 5 year airport lease between the Airport Authority and Carson Aviation Adventures LLC to utilize the west wing and common areas of the Terminal Building.  Per NRS 844, all leases on the Airport are subject to Board of Supervisor approval.

16.    Fire

 16.A   For Possible Action: To approve an Interlocal Contract between the Truckee Meadows Fire Protection District and the Consolidated Municipality of Carson City, and to authorize the Mayor to sign the agreement on behalf of Carson City. (Sean Slamon, sslamon@carson.org) 

Staff Summary: This interlocal contract strengthens Carson City's ability to receive automatic aid and mutual aid for fires or other emergencies when requested.  Additionally, this aid would be provided without expectation of reimbursement for the first twenty four (24) hours from the time of response.

 16.B   For Possible Action: To approve an Interlocal Contract and Operating Plan between the United States Department of the Interior (USDI) Bureau of Land Management, the United States Department of Agriculture (USDA) Forest Service Humboldt-Toiyabe National Forest and the Consolidated Municipality of Carson City, and to authorize the Mayor to sign the agreements on behalf of Carson City. (Sean Slamon, sslamon@carson.org) 

Staff Summary: This Interlocal Contract and Operating Plan will strengthen Carson City's ability to respond to wildland fires.  Additionally, they create a means for financial assistance to be provided to Carson City through the contract which will be used to pay for operational expenses incurred in fighting wildland fires and other emergencies.

17.    Sheriff

 17.A   For Possible Action: To approve the five year draft “911 Surcharge Master Plan” for fiscal years 2018 through 2022 in accordance with NRS 244A.7641 through NRS 244A.7647, as presented by the 911 Surcharge Advisory Committee. (Sheriff Ken Furlong, kfurlong@carson.org)

Staff Summary: The updated 911 Surcharge Master Plan achieves three primary goals:  1) To provide a stable and adequate funding source for the operation of the 911 emergency communications systems and infrastructure; 2) To avoid the need for future allocations from the General Fund for those same operational costs; and, 3) To provide funding for the implementation of audio/video recording devices statewide for law enforcement personnel required by the passage of SB 176.

18.    Finance

 18.A   For Possible Action:  Discussion and possible action on a resolution of intent, proposing the issuance of, and authorizing the publication of notices relating to general obligation (limited tax) sewer bonds (additionally secured by pledged revenues), in the aggregate principal amount not to exceed $6,000,000, for the purpose of financing sewer projects for the City; providing the manner, form and contents of the notices; authorizing the City Manager or the City’s Chief Financial Officer to arrange for the sale of the Bonds; and providing the effective date.  (Nancy Paulson, npaulson@carson.org)

PURSUANT TO NRS 350.087, THIS RESOLUTION MUST BE ADOPTED BY A TWO-THIRDS VOTE OF THE BOARD OF SUPERVISORS.

Staff Summary:  Staff is recommending the Board of Supervisors approve a resolution of intent to issue general obligation (limited tax) sewer bonds (additionally secured by pledged revenues) and authorize the City Manager or the City's Chief Financial Officer to arrange for the sale of the bonds.      
 
19.    Parks and Recreation - Open Space

 19.A   For Possible Action:  To approve the Open Space Advisory Committee’s Annual Report for 2016.  (Ann Bollinger, abollinger@carson.org)

Staff Summary:  Carson City Municipal Code Section 13.06.090 requires that the Open Space Advisory Committee provide an annual report of their activities to the Board of Supervisors.  The report contains information on the activities of the Open Space Division organized into the following categories:  Acknowledgements, Activities and Events, Capital Improvement Projects, Land Acquisitions, and Land Management. 

 19.B   For Possible Action:  To accept the recommendation of the Open Space Advisory Committee and approve the work plan for the Fiscal Year 2018. (Ann Bollinger, abollinger@carson.org) 

Staff Summary:  The report contains information regarding various activities conducted by the Open Space Division of the Parks, Recreation and Open Space Department.  The work plan is used to develop the budget and present an opportunity to provide direction and priorities to staff by the Open Space Advisory Committee and the Board of Supervisors.  The work plan is fairly lengthy and comprehensive.  Projects with grant funding, timelines, and deadlines are considered a high priority.  

20.    Public Works

 20.A   For Possible Action: Provide direction to staff on how to proceed with funding the storm water management program. (Darren Schulz, dschulz@carson.org)    Late Material - submitted 7/5/17

Staff Summary:  The Board of Supervisors will be presented with a brief historical overview of the development of the storm water management program, the Utility Finance Oversight rate recommendations and options for using a rate consultant.  On March 28th, the Utility Finance Oversight Committee was presented with a staff recommended plan to fund operations and a 10-year capital improvement plan.  The Committee recommended changes to the plan which was presented to the Board of Supervisors on May 4th but no action was taken.  Staff was later directed to bring back an additional option for using a rate consultant to assist with funding options. Based on this direction, staff provides the following options and recommends Option 2:  Option 1 - Keep existing rate structure and program in place with no changes.  Option 2 - Adopt the Utility Finance Oversight Committee recommended rate plan.  Option 3 - Hire a rate consultant to evaluate elements of the program.  Option 3A - Use existing revenue estimated needs and perform up to three alternative cost of services analysis (up to $50,000).  Option 3B  - Hire a rate consultant to evaluate the program, perform a gap or needs analysis and recommend options moving forward (up to $100,000).  Option 3C - Hire a rate consultant, re-evaluate the complete program with options to accommodate low impact development standards and/or other rebate options (up to $250,000).  The cost to use a rate consultant could vary significantly based upon the depth and breadth of their scope of work and options listed above provide general guidance based on a low, medium and high expenditure.  If additional expenses are incurred, staff will need direction on how to fund the expense such as the use of reserve funds, a rate increase or use of an alternative funding source.

21.    Community Development - Planning

 21.A   For Possible Action: To adopt Bill No. 115, on second reading, an ordinance amending Title 18, Chapter 18.16, Development Standards, Division 1, Land Use and Site Design, Section 1.17, Multi-Family Apartment Development Standards, and Section 1.18, Residential Development Standards in Non-Residential Districts, to clarify that single family residential and two family dwellings may comply with open space requirements either through common or private open space.  (ZCA-17-024 Revised) (Hope Sullivan, hsullivan@carson.org) 

Staff Summary: The referenced portions of the Development Standards mandate common open space as a derivative of the number of residential units provided.  The Development Standards, as written, apply this requirement to all residential development including single family residential and duplexes.  The proposed amendment will clarify that single family residential development and duplexes may meet the open space requirement either through private open space or common open space.  

 21.B   For Possible Action: To approve a Tentative Subdivision Map request from G&E Investments, LLC (property owners: Gordon Street, LLC and G&E Investments, LLC) for 16 single family attached residential units in a Common Open Space Development on property zoned Multi-Family Apartment (MFA) within the Brown Street Specific Plan Area (BS-SPA), located at 1709, 1725, 1759 and 1809 N. Edmonds Drive, APNs 008-306-09, -11, -15, and -16. (TSM-17-052) (Susan Pansky, spansky@carson.org) 

Staff Summary: The applicant proposes to create 16 single-family attached residential units on approximately 1.37 acres between Edmonds Drive and Fairview Drive within the Brown Street Specific Plan Area (BS-SPA). This subdivision is proposed as a Common Open Space Development in compliance with Carson City Municipal Code, Section 17.10 with a minimum lot size of 2,877 square feet and an average lot size of 3,706 square feet. Each parcel will be served by private shared driveways with access from Edmonds Drive and will contain private open space proposed to be owned and maintained by each individual homeowner.  
 
 21.C   For Possible Action: To approve a request from RBT 0641 Irrevocable Trust 12/22/16 for a Historical Tax Deferment on property located within the Historic District, located at 402 S. Division Street, APN 003-128-02.  (Hope Sullivan, hsullivan@carson.org)

Staff Summary:  The subject property is eligible for the Open Space Use Assessment as a result of its conformance to specific standards and its historical status in Carson City.  The property is currently receiving a Historical Tax Deferment, but it must be re-applied for as the property owner is transferring ownership of the property into a Trust.

22.    Clerk-Recorder

 22.A   For Possible Action:  To accept the Annual Technology Fund Report from the Carson City Clerk-Recorder per NRS 247.306  (Sue Merriwether, smerriwether@carson.org)

Staff Summary:  NRS 247.306 requires the county recorder to submit an annual report to the board of supervisors which contains: an estimate of the proceeds that the county recorder will collect from additional fees imposed pursuant to NRS 247.305 in the following fiscal year; and, a proposal for expenditures of the proceeds from the additional fees imposed pursuant to NRS 247.305.

23.    Board of Supervisors
Non-Action Items:
Future agenda items
Status review of projects
Internal communications and administrative matters
Correspondence to the Board of Supervisors
Status reports and comments from the members of the Board
Staff comments and status report

-- LUNCH BREAK -- RETURN - APPROXIMATE TIME - 1:30 P.M. --

24.    City Manager

 24.A   For Possible Action: To appoint two members to the Library Board of Trustees each to fill a term ending June 2021. (Nick Marano, nmarano@carson.org)

Staff Summary: NRS 379.020 provides for the Board of Supervisors to appoint five competent persons who are residents of the county to serve as county library trustees. There are two vacancies due to members’ terms expiring. Reappointment requests were submitted by Amanda Long and Phyllis Patton. A new application was submitted by Bepsy Strasburg. Amanda Long is currently filling an unexpired term due to a resignation. Should Amanda Long be reappointed, she would fill a full term. 

25.    Community Development - Planning

 25.A   For Possible Action: To consider a report on the marijuana regulations workshop conducted on June 20, 2017, and to provide direction to staff regarding the preparation of an ordinance to address Recreational Marijuana Establishments in Carson City, including provisions for zoning and business license requirements.  (Lee Plemel, lplemel@carson.org) 

Staff Summary: On May 18, 2017, the Board of Supervisors considered proposed State regulations and potential City regulations relating to recreational marijuana and directed City staff to conduct a public workshop to obtain more input on the matter. The purpose of this item is to report the comments, concerns and issues raised during the public workshop regarding the possibility of having recreational marijuana establishments in Carson City and how such establishments could be regulated. The Board of Supervisors may also provide direction to staff regarding ordinances related to the regulation of such businesses in Carson City.  

 25.B   For Possible Action: To consider a Business Impact Statement and determine whether or not Business License fees proposed for Marijuana Cultivation Facilities, Marijuana Product Manufacturing Facilities and Marijuana Distributors impose a direct and significant economic burden on such establishments, or directly restricts the formation, operation or expansion of such establishments, and to find that a Business Impact Statement has been prepared in compliance with NRS 237, accepted, and is on file with the Board of Supervisors. (Susan Pansky, spansky@carson.org)

Staff Summary: Per NRS 237, when considering the adoption of fees that may have an impact on business, government entities must prepare a Business Impact Statement that considers whether the proposed fees will impose a direct and significant economic burden or will directly restrict formation, operations or expansion of a business. In accordance with these requirements, staff has prepared a Business Impact Statement that has determined the proposed Business License fees of three percent of gross sales for Marijuana Cultivation Facilities and Marijuana Product Manufacturing Facilities, and a fee of $800 for Marijuana Distributors will impose a direct and significant economic burden on such establishments but will not directly restrict the formation, operation or expansion of such establishments. This action does not adopt the proposed fees.

 25.C   For Possible Action: To adopt a Resolution amending Resolution No. 2017-R-23 to exclude from the moratorium application submittal from existing MME cultivation, product manufacturing, and distribution facilities that qualify to apply for a license pursuant to the Nevada Tax Commission’s Temporary Regulations under LCB file No. T002-17. Resolution No. 2017-R-23 extended the moratorium adopted by Ordinance No. 2017-3 for a period of 60 days from the expiration date of July 21, 2017, to the new expiration date of September 19, 2017, on the acceptance and processing of planning or other applications for construction or operation of new marijuana establishments. (Lee Plemel, lplemel@carson.org) 

Staff Summary: The Regulation and Taxation of Marijuana Act, the Act to legalize "recreational" marijuana, was passed by Nevada voters during the general election on November 8, 2016. The Board of Supervisors passed a moratorium on the acceptance of applications for new marijuana establishments on January 19, 2017. The proposed Resolution would exclude existing, operational medical marijuana cultivation and product manufacturing facilities as well as qualifying wholesale distributors from the moratorium and allow them to obtain a business license in Carson City to sell and transport wholesale marijuana products. 

 25.D   For Possible Action: To introduce, on first reading, an ordinance relating to Business Licensing; amending Title 4, Licenses and Business Regulations, Chapter 4.04, Business License, by adding thereto a new Section 4.04.125 establishing provisions for the issuance of a Temporary Business License to operate as a Marijuana Cultivation Facility, Marijuana Product Manufacturing Facility or Marijuana Distributor. (Susan Pansky, spansky@carson.org)

Staff Summary: The proposed ordinance would implement temporary business license categories and fees for Marijuana Cultivation Facilities, Marijuana Product Manufacturing Facilities and Marijuana Distributors, as well as circumstances and regulations under which temporary licenses may be obtained. These categories and regulations will allow qualified Marijuana Cultivation Facilities, Marijuana Product Manufacturing Facilities and Marijuana Distributors to begin operation to serve the recreational marijuana market, consistent with temporary provisions adopted by the Nevada Tax Commission on May 8, 2017. No licensing or fees are proposed to allow the sale of recreational marijuana to the public in retail stores at this time.

26.    Public Comment:
The public is invited at this time to comment on any matter that is not specifically included on the agenda as an action item.  No action may be taken on a matter raised under this item of the agenda.

27.    For Possible Action:  To Adjourn

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**PUBLIC COMMENT LIMITATIONS - The Mayor and Supervisors meet at various times as different public bodies: the Carson City Board of Supervisors, the Carson City Liquor and Entertainment Board, the Carson City Redevelopment Authority, and the Carson City Board of Health.  Each, as called to order, will provide at least two public comment periods in compliance with the minimum requirements of the Open Meeting Law prior to adjournment.  In addition, it is Carson City’s aspirational goal to also provide for item-specific public comment as follows:  In order for members of the public to participate in the public body’s consideration of an agenda item, the public is strongly encouraged to comment on an agenda item when called for by the mayor/chair during the item itself.  No action may be taken on a matter raised under public comment unless the item has been specifically included on the agenda as an item upon which action may be taken. The Mayor, Mayor Pro-Tem and Chair, also retain discretion to only provide for the Open Meeting Law’s minimum public comment and not call for or allow additional individual-item public comment at the time of the body’s consideration of the item when: 1) it is deemed necessary by the mayor/chair to the orderly conduct of the meeting; 2) it involves an off-site non-action facility tour agenda item; or 3) it involves any person’s or entity’s due process appeal or hearing rights provided by statute or the Carson City Municipal Code. 
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Agenda Management Notice - Items on the agenda may be taken out of order; the public body may combine two or more agenda items for consideration; and the public body may remove an item from the agenda or delay discussion relating to an item on the agenda at any time.
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Titles of agenda items are intended to identify specific matters.  If you desire detailed information concerning any subject matter itemized within this agenda, you are encouraged to call the responsible agency or the City Manager’s Office.  You are encouraged to attend this meeting and participate by commenting on any agendized item.
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Notice to persons with disabilities: Members of the public who are disabled and require special assistance or accommodations at the meeting are requested to notify the City Manager’s Office in writing at 201 North Carson Street, Carson City, NV, 89701, or by calling (775) 887-2100 at least 24 hours in advance.
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To request a copy of the supporting materials for this meeting contact Janet Busse at jbusse@carson.org or call (775) 887-2100.
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This agenda and backup information are available on the City’s website at www.carson.org/agendas and at the City Manager’s Office - City Hall, 201 N. Carson Street, Ste 2, Carson City, Nevada  (775)887-2100.
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This notice has been posted at the following locations:
Community Center  851 East William Street
Courthouse  885 East Musser Street
City Hall  201 North Carson Street
Carson City Library  900 North Roop Street
Community Development Permit Center  108 East Proctor Street
http://notice.nv.gov


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