05-19-2022 Agenda with Supporting Materials

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CARSON CITY CONSOLIDATED MUNICIPALITY
NOTICE OF MEETING OF THE
BOARD OF SUPERVISORS
AND REDEVELOPMENT AUTHORITY 

Day:                Thursday
Date:               May 19, 2022
Time:              Beginning at 8:30 am
Location:       Community Center, Robert ‘Bob’ Crowell Board Room
                        851 East William Street
                       Carson City, Nevada

AGENDA

NOTICE TO THE PUBLIC:
Members of the public who wish to view the meeting may watch the livestream of the Board of Supervisors meeting at www.carson.org/granicus and by clicking on “In progress” next to the meeting date, or by tuning in to cable channel 191. Livestream of the meeting is provided solely as a courtesy and convenience to the public. Carson City does not give any assurance or guarantee that the livestream or cable channel access will be reliable. Although all reasonable efforts will be made to provide livestream, unanticipated technical difficulties beyond the control of City staff may delay, interrupt, or render unavailable continuous livestream capability.

 The public may provide public comment in advance of a meeting by written submission to the following email address: publiccomment@carson.org. For inclusion or reference in the minutes of the meeting, your public comment must include your full name and be submitted via email by not later than 3:00 p.m. the day before the meeting. Public comment during a meeting is limited to three minutes for each speaker.

1.    Call to Order - Board of Supervisors

2.    Roll Call

3.    Invocation - Fred Kingman, Associate Pastor, LifePoint Church

4.    Pledge of Allegiance

5.    Public Comment:** Late Material
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 - April 21, 2022

 7.    Special Presentations

  7.A   Presentation of Length of Service certificates to City Employees. (Alana Mills, amills@carson.org)

 Staff Summary: Every month the Board of Supervisors presents Length of Service certificates to employees who have completed 5, 10, 15, 20, 25 and 30 years of City service.

Consent Agenda

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. 

8.    City Manager

 8.A   For Possible Action: Discussion and possible action on ratifying the approval of bills and other requests for payments by the City Manager for the period of April 9, 2022 through May 6, 2022.  (Nancy Paulson, npaulson@carson.org)

Staff Summary:  Pursuant to Carson City Municipal Code ("CCMC") Chapter 2.29, the Controller will present all bills or other requests for payment by the City to the City Manager for approval. Upon approval, the register book of bills and other requests for payment and warrants are presented at least once a month to the Board of Supervisors, who shall by motion entered into its minutes, ratify the action taken.

9.    Fire

 9.A   For Possible Action: Discussion and possible action regarding (1) a contract with ImageTrend, Inc. (“ImageTrend”) to provide software and support for a new record management system for the Carson City Fire Department (“CCFD”) for an amount not to exceed $49,466.00 in Fiscal Year (“FY”) 2023, and subject to a mutual, annual renewal option for $37,721.00, compounding at 3%; and (2) a recommendation from the 9-1-1 Surcharge Advisory Committee to disburse 9-1-1 Surcharge funds in the amount of $49,466.00 for FY 2023, then $37,721.00 annually, to fund the contract. (Aaron Lowe, ALowe@carson.org)

Staff Summary: CCFD is required by law to create and maintain records related to fire incidents and emergency medical services (“EMS”). Currently, CCFD uses two separate systems to comply with its record-keeping obligations: one for fire incidents, which is 25 years old, and one for EMS. The ImageTrend software would consolidate record-keeping into a single system. At its April 19, 2022 meeting, the 9-1-1 Surcharge Advisory Committee approved the expenditure of $49,466.00 for FY 2023, plus $37,721.00 for annual renewal, from the 9-1-1 Surcharge Fund Account.

10.    Finance

 10.A   For Possible Action: Discussion and possible action regarding the report on the condition of each fund in the treasury and the statements of receipts and expenditures through May 6, 2022, per NRS 251.030 and NRS 354.290. (Sheri Russell, srussell@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.    Public Works

 11.A   For Possible Action: Discussion and possible action regarding a grant of non-exclusive water main easement ("Easement") from the Bernhard Family Trust (“Owner”) to Carson City at no cost for an existing water main located on Assessor's Parcel Numbers 010-063-03 and 010-063-04 (“Property”). (Robert Nellis, RNellis@carson.org; Randall Rice, RRice@carson.org; Tom Grundy, TGrundy@carson.org).

Staff Summary:  There is an existing single feed water main on the Property which delivers water to a number of businesses and important State facilities. The Easement memorializes the City’s right to perform long-term maintenance, repairs, inspections and operations for the water main and requires the Owner to abstain from activities inconsistent with the City’s Easement rights. The water main is built to City standards, and the Easement is being granted to the City at no cost.

12.    Purchasing and Contracts

 12.A   For Possible Action: Discussion and possible action regarding purchase authority for one new Type 3 Brush Fire Truck for the Carson City Fire Department (“CCFD”), for a not to exceed amount of $433,879 utilizing joinder contract FS12-19 between the Houston-Galveston Area Counsel and Boise Mobile Equipment, Inc. (“BME”). (Carol Akers, CAkers@carson.org and Mike Shaffer, MShaffer@carson.org)

Staff Summary:  CCFD is seeking to replace existing Brush Fire Truck B54, which is at the end of its useful life and no longer cost-effective to maintain. Staff seeks approval to replace the existing truck with a new Type 3 Brush Fire Truck made by BME. This purchase was planned for and is funded as part of the approved Fiscal Year (“FY”) 2022 Capital Improvement Vehicle Replacement Program.

 12.B   For Possible Action: Discussion and possible action regarding purchase authority for one new Vac-Con Combination Jet/Vacuum Sewer Cleaner Truck (“Vac-Truck”) for the Stormwater Division of the Carson City Public Works Department (“Public Works”), for a not to exceed amount of $571,647.00 utilizing joinder contract 101221-VAC between Sourcewell and Vac-Con, Inc. (“Vac-Con”). (Carol Akers, CAkers@carson.org and Mike Shaffer, MShaffer@carson.org)

Staff Summary:  Public Works included the replacement of its existing Vac-Truck in the tentatively approved Fiscal Year (“FY”) 2023 Capital Improvement Vehicle Replacement Program because it is at the end of its useful life and no longer cost-effective to maintain. However, the existing Vac-Truck’s engine recently failed, and it is no longer operable unless a costly, new engine is installed. Staff seeks approval to order a new Vac-Truck prior to the start of FY 2023 because this purchase involves a substantial lead time, meaning actual delivery will not occur until well into FY 2023; costs for this purchase are anticipated to rise over time and the Vac-Truck is a critical part of the Public Works’ fleet, particularly during emergency operations.

 12.C   For Possible Action: Discussion and possible action regarding a determination that D&D Plumbing, Inc. (“D&D”) is the lowest responsive and responsible bidder pursuant to Nevada Revised Statutes (“NRS”) Chapter 338 and whether to award Contract No. 21300281 to D&D to replace two boilers at the Public Safety Complex (“Project”) for a total amount not to exceed $655,989.40. (Carol Akers, CAkers@carson.org and Randall Rice, RRice@carson.org)

Staff Summary:  This Project will (1) replace the two existing boilers at the Public Safety Complex with four natural gas boilers that can be controlled remotely and (2) install a diesel backup boiler system. The existing boilers have reached the end of their useful life and need replacement. The not to exceed amount of $655,989.40 includes the base bid amount of $437,360, Alternate Bid Items 1 and 2 for $158,994, plus a 10% contingency of $59,635.40. The engineer’s estimate was $520,000. This Project was approved as part of the Fiscal Year (“FY”) 2022 Capital Improvement Plan.

13.    Treasurer

 13.A   For Discussion Only:  Discussion and presentation of an affidavit to the Board of Supervisors, pursuant to NRS 361.5648(3), affirming that a notice of delinquency was mailed to each parcel having delinquent property taxes.  (Andrew Rasor, arasor@carson.org)

Staff Summary:  NRS 361.5648(3) requires the Carson City Treasurer as Carson City’s tax receiver to issue a personal affidavit to the Board of Supervisors affirming that a notice of delinquency has been mailed to property owners of each parcel having delinquent taxes (2021-2022).  The affidavit must be issued within 30 days after mailing the original notice.

 13.B   For Possible Action: Discussion and possible action regarding the Treasurer's monthly statement of all money on deposit, outstanding checks and cash on hand for April 2022, submitted per Nevada Revised Statutes ("NRS") 354.280. (Andrew Rasor, arasor@carson.org)

Staff Summary: NRS 354.280 requires the Treasurer to keep a record of the source and amount of all receipts, apportionments to, payments from and balances in all funds and to submit to the Board of Supervisors each month a statement containing that information for the previous month. The Treasurer must report the balance in each county, state and special fund, together with a statement of all money on deposit, outstanding checks against that money and cash on hand. 

(End of Consent Agenda) 

Ordinances, Resolutions, and Other Items

14.    Item(s) pulled from the Consent Agenda will be heard at this time.

15.    District Attorney

 15.A   For Possible Action: Discussion and possible action to introduce, on first reading, a proposed ordinance establishing various provisions governing administrative appeals related to land use and zoning. (Jason D. Woodbury, jwoodbury@carson.org)

Staff Summary: This is the first reading of a proposed ordinance which, if enacted, would establish various provisions governing administrative appeals related to land use and zoning in the Carson City Municipal Code ("CCMC").  Pursuant to Nevada Revised Statutes ("NRS") Chapter 237, a business impact statement is not required to be prepared with this ordinance.

16.    Public Works

 16.A   For Possible Action:  Discussion and possible action regarding an extension of deadlines to commence and complete construction on an affordable housing project to be built on 2.91 acres of undeveloped land within Assessor’s Parcel Number 010-037-04 (“Property”) through a development agreement (“Agreement”) between Carson City and PalaSeek LLP, Oikos Development Corporation and Sierra Flats Senior LP (collectively, “Developer”) that was approved by the Board of Supervisors (“Board”) on December 16, 2021. (Dan Stucky, DStucky@carson.org)

Staff Summary: Under the Agreement, Developer will construct an 80-unit affordable housing project (“Sierra Flats 9% Project”) on the Property. The Agreement provides that, unless the City consents in writing to an extension, the Agreement expires if Developer has not commenced construction of the Sierra Flats 9% Project by June 1, 2022. Developer has informed staff that it will not be able to commence construction before June 1, 2022 due to unexpected delays in lender due diligence.

17.    Finance

 17.A   For Possible Action:  Discussion and possible action regarding the Carson City Final Budget for Fiscal Year ("FY") 2023. (Sheri Russell, srussell@carson.org)

Staff Summary: Carson City is required by NRS 354.598 to hold a public hearing on the tentative budget, at which time interested persons must be given an opportunity to be heard. At the public hearing, the Board of Supervisors shall indicate changes, if any, to be made in the tentative budget and shall adopt a final budget by majority vote of all members of the Board of Supervisors.

17.B   For Possible Action: Discussion and possible action regarding a proposed resolution setting the ad valorem tax rate for County Cooperative Extension for Fiscal Year ("FY") 2023 at 1.28 cents per $100 of assessed valuation. (Sheri Russell, srussell@carson.org)

Staff Summary: NRS 549.020 requires the Board of Supervisors to levy a tax rate of not less than 1 cent and not more than 5 cents per $100 of assessed valuation within the county for cooperative agricultural extension work.  The 1.28 cents per $100 assessed valuation ad valorem tax rate requested is the same levy rate from prior years.

PURSUANT TO NRS 549.020, THIS RESOLUTION MUST BE ADOPTED BY UNANIMOUS VOTE OF THE BOARD OF SUPERVISORS.

18.    Recess as the Board of Supervisors

Redevelopment Authority

19.    Call to Order & Roll Call- Redevelopment Authority

20.    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.

21.    For Possible Action: Approval of Minutes -April 21, 2022

22.    Finance

 22.A   For Possible Action: Discussion and possible action regarding the Carson City Redevelopment Authority Final Budget for Fiscal Year ("FY") 2023. (Sheri Russell, srussell@carson.org)

Staff Summary: The Carson City Redevelopment Authority is required by NRS 354.598 to hold a public hearing on the tentative budget, at which time interested persons must be given an opportunity to be heard. At the public hearing, the Carson City Redevelopment Authority shall indicate changes, if any, to be made in the tentative budget and shall adopt a final budget by the favorable votes of a majority of all members of the Carson City Redevelopment Authority.

23.    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.

24.    For Possible Action:  To Adjourn as the Redevelopment Authority

25.     Reconvene as the Board of Supervisors

26.    City Manager

 26.A   For Possible Action:  Discussion and possible action regarding a proposed resolution for the adoption of a fee schedule and a partial waiver of fees for copies of public records.  (Nancy Paulson, npaulson@carson.org) 

Staff Summary:  NRS 239.052 authorizes a governmental entity to charge a fee for providing a copy of a public record, except that such a fee must not exceed the actual cost of providing the copy.  A governmental entity may also waive all or a portion of a charge or fee for a copy of a public record if the governmental entity adopts a written policy to that effect and posts, in a conspicuous place at each office in which the entity provides copies of public records, a sign or notice stating the terms of the policy.  If a fee schedule is adopted, a sign or notice stating the fees or stating the location at which the fees may be obtained must be posted at each office in which copies of public records are provided.

27.    Community Development - Planning

 27.A   For Possible Action: Discussion and possible action regarding Hardship Determinations related to the Fiscal Year (“FY”) 2023 Downtown Neighborhood Improvement District (“DNID”) assessment for applicants meeting the required conditions, and whether to direct the City Engineer to postpone the assessment for any approved Hardship Determination applicants in accordance with NRS 271.360. (Hope Sullivan, hsullivan@carson.org)

Staff Summary:  The Board of Supervisors adopted Ordinance No. 2016-1 establishing the DNID for the purpose of paying a portion of the cost of ongoing maintenance of the Downtown Streetscape Enhancement Project. The Board of Supervisors must consider applications for Hardship Determinations before ratifying the annual DNID assessment roll. Property owners whose annual income is less than 50% of the median Carson City area annual income qualify for a Hardship Determination. Property owners approved for a Hardship Determination may have their DNID assessment deferred in accordance with NRS 271.360 and the NRS Chapter 271 Hardship Determination Policy and Procedures adopted by the Board of Supervisors.

27.B   For Possible Action: Discussion and possible action regarding Hardship Determinations related to the Fiscal Year (“FY”) 2023 South Carson Neighborhood Improvement District (“SCNID”) assessment for applicants meeting the required conditions, and whether to direct the City Engineer to postpone the assessment for any approved Hardship Determination applicants in accordance with NRS 271.360. (Hope Sullivan, hsullivan@carson.org)

Staff Summary:  The Board of Supervisors adopted Ordinance No. 2021-8 establishing the SCNID for the purpose of paying a portion of the cost of ongoing maintenance of the South Carson Complete Streets Project. The Board of Supervisors must consider applications for Hardship Determinations before ratifying the annual SCNID assessment roll. Property owners whose annual income is less than 50% of the median Carson City area annual income qualify for a Hardship Determination. Property owners approved for a Hardship Determination may have their SCNID assessment deferred in accordance with NRS 271.360 and the NRS Chapter 271 Hardship Determination Policy and Procedures adopted by the Board of Supervisors.

 27.C   For Discussion Only: Public hearing regarding the filing of the Fiscal Year (“FY”) 2023 assessment roll for the Downtown Neighborhood Improvement District (“DNID”), to consider written objections concerning that area to be assessed, and to consider all complaints, protests and objections to the assessment pursuant to NRS 271.385.  (Hope Sullivan, hsullivan@carson.org)

Staff Summary:  Pursuant to NRS 271.380 and 271.385, any complaint, protest or objection to the regularity, validity and correctness of the assessment roll, of each assessment and of the amount of the assessment levied on each tract must be filed in writing with the Clerk or Planning Division at least three days before the assessment hearing. Any complaint, protest or objection to the assessment roll, the regularity, validity and correctness of each assessment, the amount of each assessment or the regularity, validity and correctness of any other proceedings occurring previously regarding the DNID shall be deemed waived unless filed in writing within the time and in the manner provided above. The total proposed assessment amount for FY 2023 is $42,198, distributed between property owners as shown on the assessment roll in Exhibit A to the resolution and ordinance.

 27.D   For Discussion Only: Public hearing regarding the filing of the Fiscal Year (“FY”) 2023 assessment roll for the South Carson Neighborhood Improvement District (“SCNID”) to consider written objections concerning that area to be assessed, and to consider all complaints, protests and objections to the assessment pursuant to NRS 271.385.  (Hope Sullivan, hsullivan@carson.org) Late Material

Staff Summary:  Pursuant to NRS 271.380 and 271.385, any complaint, protest or objection to the regularity, validity and correctness of the assessment roll, of each assessment, and of the amount of the assessment levied on each tract must be filed in writing with the Clerk-Recorder or the Planning Division of the Community Development Department at least three days before the assessment hearing. Any complaint, protest or objection to the assessment roll, the regularity, validity and correctness of each assessment, the amount of each assessment, or the regularity, validity and correctness of any other proceedings occurring previously regarding the SCNID shall be deemed waived unless filed in writing within the time and in the manner provided above. The total proposed assessment amount for FY 2023 is $75,746, distributed between property owners as shown on the assessment roll in Exhibit A to the resolution and ordinance.

 27.E   For Possible Action: Discussion and possible action regarding a proposed resolution confirming the Downtown Neighborhood Improvement District (“DNID”) assessment, dispensing with complaints, protests and objections to the assessment, and ratifying the City Engineer’s Fiscal Year (“FY”) 2023 assessment roll for the DNID for the maintenance of the Downtown Streetscape Enhancement Project.  (Hope Sullivan, hsullivan@carson.org)

Staff Summary:  After considering Hardship Determinations and all complaints, protests and objections to the DNID assessment, the Board of Supervisors must confirm, correct, revise or set aside the proposed assessment by resolution in accordance with NRS 271.385. The proposed assessment amount for FY 2023 is $42,198, distributed between property owners as shown on the assessment roll in Exhibit A to the resolution.

 27.F   For Possible Action: Discussion and possible action regarding a proposed resolution confirming the South Carson Neighborhood Improvement District (“SCNID”) assessment, dispensing with complaints, protests and objections to the assessment, and ratifying the City Engineer’s Fiscal Year (“FY”) 2023 assessment roll for the SCNID for the maintenance of the South Carson Street Complete Streets Project.  (Hope Sullivan (hsullivan@carson.org))

Staff Summary:  After considering Hardship Determinations and all complaints, protests and objections to the SCNID assessment, the Board of Supervisors must confirm, correct, revise or set aside the proposed assessment by resolution in accordance with NRS 271.385. The proposed assessment amount for FY 2023 is $75,746, distributed between property owners as shown on the assessment roll in Exhibit A to the resolution.

 27.G   For Possible Action: Discussion and possible action to introduce, on first reading, an ordinance relating to improvement districts, establishing provisions to levy the Downtown Neighborhood Improvement District (“DNID”) Fiscal Year (“FY”) 2023 assessment for the maintenance of the Downtown Streetscape Enhancement Project.  (Hope Sullivan, hsullivan@carson.org)

Staff Summary:  After adopting a Resolution confirming the DNID assessment, the Board of Supervisors must introduce and adopt an ordinance to levy the assessment in accordance with the provisions of NRS Chapter 271. The total proposed assessment amount for FY 2023 is $42,198, distributed between property owners as shown on the assessment roll in Exhibit A to the ordinance.  This is the first reading of the ordinance.  Pursuant to NRS Chapter 237, a business impact statement is not required to be prepared with this ordinance.

 27.H   For Possible Action: Discussion and possible action to introduce, on first reading, an ordinance relating to improvement districts, establishing provisions to levy the South Carson Neighborhood Improvement District (“SCNID”) Fiscal Year (“FY”) 2023 assessment for the maintenance of the South Carson Complete Streets Project.  (Hope Sullivan, hsullivan@carson.org)

Staff Summary:  After adopting a resolution confirming the SCNID assessment, the Board of Supervisors must introduce and adopt an ordinance to levy the assessment in accordance with the provisions of Nevada Revised Statutes ("NRS") Chapter 271. The total proposed assessment amount for FY 2023 is $75,746, distributed between property owners as shown on the assessment roll in Exhibit A to the ordinance.  This is the first reading of the ordinance.  Pursuant to NRS Chapter 237, a business impact statement is not required to be prepared with this ordinance.

** TIME SPECIFIC - 1:30 P.M. **

28.    Community Development

 28.A   For Possible Action: Discussion and possible action regarding an appeal of a denial for a request for a business license to operate an energy drink warehouse and distribution center on property zoned Retail Commercial (“RC”), located at 110 Corbett Street, APN 002-137-08.  (Heather Ferris, hferris@carson.org)

Staff Summary:  On February 15, 2022, the Business License Division of the Community Development Department received an application for a business license (BL-007063-2022) for an e-commerce and internet fulfillment site at the subject parcel.  Upon review of the request, the Planning Division of the Community Development Department determined the use is most similar to a warehouse and distribution center and therefore is not allowed in the RC zoning district.  A letter denying the application was sent to the applicant on March 7, 2022 and on March 16, 2022 the applicant submitted a letter appealing the decision.

29.    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

Closed Non-Meeting to Confer with Management Representatives and Counsel:

Following a recess or adjournment, the Carson City Board of Supervisors may gather to meet with its management representatives or to receive information from an attorney employed or retained by the City regarding potential and/or existing litigation involving matters over which the public body has supervision, control, jurisdiction or advisory power and to deliberate toward decisions on the matters.

30.    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.

31.    For Possible Action:  To Adjourn

 **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. 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. Public comment will be limited to three minutes per speaker to facilitate the efficient conduct of a meeting and to provide reasonable opportunity for comment from all members of the public who wish to speak.  Testimony from a person who is directly involved with an item, such as City staff, an applicant or a party to an administrative hearing or appeal, is not considered public comment and is not subject to the three-minute time limitation. 

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.

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.

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.

To request a copy of the supporting materials for this meeting contact Rachael Evanson at revanson@carson.org or call (775) 887-2100.

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.

This notice has been posted at the following locations:

City Hall 201 North Carson Street
www.carson.org/agendas
http://notice.nv.gov