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

Day:                Thursday
Date:               May 4, 2023
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 - Ken Haskins, First Christian

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 -April 6, 2023 & March 3, 2023

7.    Special Presentations

 7.A   Presentation of a proclamation recognizing May 2023 as Bike Month. (Chelsea Kincheloe, Muscle Powered)

 7.B   Presentation of a proclamation to recognize the month of May as Historic Preservation and Archaeological Awareness Month, and presentation of the 2023 Historic Preservation Award.   (Heather Ferris, hferris@carson.org)

Staff Summary:  Each year, Carson City recognizes significant preservation accomplishments to celebrate the community’s history and heritage as part of Historic Preservation and Archaeological Awareness Month during the month of May.  All over the state, activities are held to serve as reminders of the important historic resources that give meaning and a sense of place to communities, and to focus attention on how critical it is to make sure those resources are preserved.  Mayor Bagwell and Mike Drews, Historic Resources Commission chairman, will also posthumously present the 2023 Historic Preservation Award for Doctor Gregory Hayes to his wife, Joan Wright.

 7.C   Presentation of a Proclamation recognizing May - October 2023 for Nevada Wildfire Awareness. (Sean Slamon, slamon@carson.org)

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.    Finance

 8.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 April 21, 2023, per NRS 251.030 and NRS 354.290. (Sheri Russell-Benabou, 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.

9.    Purchasing and Contracts

 9.A   For Possible Action:  Discussion and possible action regarding a proposed $36,650 increase in purchase authority, beyond the previously approved $80,000, for the purchase of emergency medical services (“EMS”) equipment and supplies utilizing joinder contract PS20180 (“Joinder Contract”) between the League of Oregon Cities and Life-Assist, Inc., resulting in a new not to exceed amount of $116,650, through June 30, 2023. (Carol Akers, CAkers@carson.org and Sean Slamon, SSlamon@carson.org)

Staff Summary:  The Carson City Fire Department (“CCFD”) utilizes the Joinder Contract to purchase EMS equipment and supplies that are used on a daily basis for EMS response. The additional $36,650 will be used to purchase three handheld ultrasound machines for a total of $16,650, and $20,000 in medical supplies to outfit a new ambulance that will be ready for use in May 2023. 

 9.B   For Possible Action: Discussion and possible action regarding authorization to purchase two CXT precast concrete buildings for the Carson City Department of Parks, Recreation and Open Space (“Parks Department”), utilizing a cooperative purchasing agreement available through Sourcewell, Contract # 081721-CXT, for a total not to exceed amount of $268,968.09. (Carol Akers, cakers@carson.org and Nick Wentworth, nwentworth@carson.org)

Staff Summary:  If approved, this purchase authority would facilitate the purchase of the buildings as a replacement announcer’s booth on field 3 and a storage building located between fields 2 and 3 at Governor’s Field. This purchase was approved as part of the Capital Improvement Program ("CIP") for Fiscal Year ("FY") 2023.

 9.C   For Possible Action: Discussion and possible action regarding a determination that Four Point Engineering, Inc. (“FPE”) is the lowest responsive and responsible bidder pursuant to Nevada Revised Statutes (“NRS”) Chapter 338 and whether to award Contract No. 23300306 for the Blackwells Park Playground Replacement Project (“Project”) to FPE for a total amount not to exceed $713,573.30. (Carol Akers, cakers@carson.org and Nick Wentworth, nwentworth@carson.org)

Staff Summary:  This Project includes full replacement of the playground at Blackwells Park, including soft fall rubber tile surfacing, turf reduction, landscaping improvements, fencing, sidewalks, new benches and trash receptacles.  The not to exceed amount of $713,573.30 comprises the base bid amount of $648,703, plus a 10% contingency of $64,870.30. The engineer’s estimate was $484,664. This Project was approved as part of the Fiscal Year (“FY”) 2023 Capital Improvement Program (“CIP”).

 9.D   For Possible Action: Discussion and possible action regarding a proposed $145,000 increase in the Fiscal Year (“FY”) 2023 purchase authority, beyond the previously approved $469,000, for the purchase of Sodium Hypochlorite (“Bleach”) utilizing joinder contract 212528 (“Joinder Contract”) between the City of Tucson (“Tucson”) and Thatcher Company of Arizona, Inc. (“Thatcher”), resulting in a new not to exceed amount of $614,000 through June 30, 2023. (Carol Akers, cakers@carson.org and Andy Hummel, ahummel@carson.org)

Staff Summary:  If approved, the $145,000 increase in purchase authority will be used to purchase Bleach, which is an important chemical for water treatment and disinfection at the City’s water, wastewater and aquatic facilities.  The increased purchase authority would be sufficient for the remainder of FY 2023.

 9.E   For Possible Action: Discussion and possible action regarding a determination that Aspen Developers Corp. (“Aspen”) is the lowest responsive and responsible bidder pursuant to Nevada Revised Statutes (“NRS”) Chapter 338 and whether to award Contract No. 23300322 to Aspen to perform the South Nevada Street Replacement Project (“Project”) for a total amount not to exceed $166,100. (Carol Akers, CAkers@carson.org and Randall Rice, RRice@carson.org)

Staff Summary:  This Project will replace sewer main, replace a manhole, install a new manhole, connect existing sewer laterals and include concrete work and patching of the roadway. The not to exceed amount of $166,100 comprises the base bid amount of $151,000, plus a 10% contingency of $15,100. The engineer’s estimate for the Project was $177,000. This Project was approved as part of the Fiscal Year (“FY”) 2022 Capital Improvement Plan (“CIP”).

 9.F   For Possible Action: Discussion and possible action regarding authorization to add an additional amount of $44,536.60 in contingency funds to Contract No. 23300245 (“Contract”) with Shaheen Beauchamp Builders, LLC (“SBB”) to cover the costs of change orders for the Senior Center Remodel Project (“Project”), resulting in a new total not to exceed amount of $693,924.90 for the Contract. (Carol Akers, CAkers@carson.org and Randall Rice, RRice@carson.org)

Staff Summary:  This Project renovates the Carson City Senior Citizens Center kitchen, restrooms located at the west end of the building and dining room. The Contract’s original not to exceed amount was $649,388.30, which included a 10 percent contingency of $59,035.30. To date, completed and pending change orders for the Project total $36,832.04, leaving $22,203.26 in unused Project contingency. However, during the kitchen flooring renovation, unanticipated water damage to the subfloor was discovered, and the required repairs will cost $44,536.60. Authorizing the additional $44,536.60 in contingency funds will cover the cost of subfloor repairs while keeping the remaining $22,203.26 in contingency funds available through Project completion.

 9.G   For Possible Action: Discussion and possible action regarding a proposed amendment, effective April 15, 2023, to Conflict Counsel Attorney Services Contract No. 20300003-B, with Maria E. Pence, for conflict counsel services effective November 1, 2022 through June 30, 2023, increasing the amount of the contract by $2,500 for April 2023 and $5,000 per month for May 1, 2023 through June 30, 2023 to accept indigent defense cases normally handled by the Nevada State Public Defender's Office ("PD"), for a new total contract amount not to exceed $142,516.72. (Carol Akers, cakers@carson.org and Nancy Paulson, npaulson@carson.org)

Staff Summary: Carson City contracts with the PD to provide representation and services to an indigent person; however, on April 3, 2023, the City received a letter from the PD stating that due to severe understaffing, the PD would no longer be able to accept new cases for Category B through E felonies and gross misdemeanors and would be seeking to withdraw from some existing felony cases.  To ensure indigent defendants receive timely and effective assistance of counsel, Ms. Pence has agreed to take certain cases from the PD to provide legal representation.

 9.H   For Possible Action: Discussion and possible action regarding a proposed amendment, effective April 15, 2023, to Conflict Counsel Attorney Services Contract No. 20300004, with Noel S. Waters, for conflict counsel services effective July 1, 2020 through June 30, 2023, increasing the amount of the contract by $2,500 for April 2023 and $5,000 per month for May 1, 2023 through June 30, 2023 to accept indigent defense cases normally handled by the Nevada State Public Defender's Office ("PD"), for a new total contract amount not to exceed $458,268. (Carol Akers, cakers@carson.org and Nancy Paulson, npaulson@carson.org)

Staff Summary: Carson City contracts with the PD to provide representation and services to an indigent person; however, on April 3, 2023, the City received a letter from the PD stating that due to severe understaffing, the PD would no longer be able to accept new cases for Category B through E felonies and gross misdemeanors and will be seeking to withdraw from some existing felony cases.  To ensure indigent defendants receive timely and effective assistance of counsel, Mr. Waters has agreed to take certain cases from the PD to provide legal representation.

 9.I   For Possible Action: Discussion and possible action regarding a proposed amendment, effective April 15, 2023, to Conflict Counsel Attorney Services Contract No. 20300005-C, with Daniel J. Spence, for conflict counsel services effective June 2, 2022 through June 30, 2023, increasing the amount of the contract by $2,500 for April 2023 and $5,000 per month for May 1, 2023 through June 30, 2023 to accept indigent defense cases normally handled by the Nevada State Public Defender's Office ("PD"), for a new total contract amount not to exceed $200,000.08. (Carol Akers, cakers@carson.org and Nancy Paulson, npaulson@carson.org)

Staff Summary: Carson City contracts with the PD to provide representation and services to an indigent person; however, on April 3, 2023, the City received a letter from the PD stating that due to severe understaffing, the PD would no longer be able to accept new cases for Category B through E felonies and gross misdemeanors and will also be seeking to withdraw from some existing felony cases.  To ensure indigent defendants receive timely and effective assistance of counsel, Mr. Spence has agreed to take certain cases from the PD to provide legal representation.

(End of Consent Agenda)

Ordinances, Resolutions, and Other Items

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

11.    City Manager

 11.A   For Possible Action: Discussion and possible action regarding the appointment of two members to the Audit Committee, each for a partial term ending in December 2024. (Nancy Paulson, npaulson@carson.org)

Staff Summary: Carson City Municipal Code ("CCMC") 2.14.030 provides for a five-member Audit Committee, comprised of one member from the Board of Supervisors ("Board") and four members from the public as citizens-at-large. There are two vacancies due to expiration of terms in December 2022. Both vacancies are citizen-at-large positions. David Lambin and Joseph Scalia each submitted an application.

 11.B   For Possible Action:  Discussion and possible action regarding a proposed settlement concerning an arbitration award issued in favor of the Carson City Deputy Sheriff’s Association (“Association”) arising out of a dispute under the terms of the collective bargaining agreement ("CBA") between the Association on behalf of the deputy sheriffs and the City on behalf of the Carson City Sheriff's Office ("CCSO"), pursuant to which a deputy sheriff will be promoted to the rank of sergeant without a probationary period but the award will not be interpreted by the parties as requiring the City to waive any such probationary period for any other employee in future disputes. (Nancy Paulson, npaulson@carson.org)

Staff Summary:  The Association filed a grievance pursuant to the CBA asserting various claims generally relating to the promotional opportunity of a deputy sheriff. The parties arbitrated the matter, and the arbitrator issued an award in favor of the Association.

 11.C   For Possible Action: Discussion and possible action regarding coordination of legislative activity on pending state legislation before the Nevada Legislature and whether to adopt an official policy position or direct staff to advocate for or against any such legislation, including the submittal of proposed amendatory language. (Stephen Wood, swood@carson.org and Nancy Paulson, npaulson@carson.org)

Staff Summary: The Nevada Legislature is currently in its 82nd Regular Session. This item is for the Board of Supervisors to coordinate legislative efforts on pending state legislation that may have an impact on Carson City, including the adoption of official policy positions, if any, and direction to staff to advocate for or against any such legislation. Due to unpredictable timing constraints inherent in the legislative process, the City will maintain a list of legislation that the City has identified in advance and which may be discussed and acted on by the Board during this agenda item. A copy of the list will be posted not less than three days before the date of each Board of Supervisors meeting during which this agenda item appears and may be obtained at the following Internet website: https://www.carson.org/legislature.

12.    Parks and Recreation

 12.A   For Possible Action: Discussion and possible action on a recommendation from the Carson City Open Space Advisory Committee (“OSAC”) for the naming of seven Open Space properties located throughout Carson City. (Lyndsey Boyer, lboyer@carson.org)

Staff Summary:  Several properties acquired by the Open Space Division of the Department of Parks, Recreation and Open Space do not yet have official names. An online survey was made available to the public to vote on the names or provide additional recommendations. The results were reviewed at the OSAC meeting on October 17, 2022, and OSAC provided recommendations to the Board of Supervisors for final approval.

 12.B   For Possible Action: Discussion and possible action regarding a proposed draft of the Prison Hill Master Plan for the preservation, design and development of Prison Hill in Carson City. (Gregg Berggren, gberggren@carson.org and Lyndsey Boyer, lboyer@carson.org) Public Comment 

Staff Summary:  This item is to consider the final draft of the Prison Hill Master Plan. This plan includes planning recommendations for the entire Prison Hill area that incorporates preservation of natural resources with considerations for recreational uses.

13.    Board of Supervisors
Non-Action Items:
City Manager Update
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.

14.    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.

15.    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 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