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

Day:         Thursday
Date:        December 15, 2011
Time:        Beginning at 8:30 a.m.
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 - Bill McCord, First United Methodist Church, Retired
4. Pledge of Allegiance
5. Public Comments and Discussion:
The public is invited at this time to comment on and discuss any topic that is relevant to, or within the authority of, 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 (Boards). In order for members of the public to participate in the Boards' consideration of an agenda item, the Boards strongly encourage members of the public to comment on an agenda item 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, or the Mayor Pro-Tem, retains discretion to only provide for public comment under a public comment item and not call for or allow individual-item public comment at the time of any Boards' consideration of any item on the agenda involving: 1) an off-site tour by the Board; or 2) any person's or entity's due process appeal or hearing rights provided by statute or the Carson City Municipal Code.
6. For Possible Action: Approval of Minutes - November 17, 2011
7. For Possible Action: Adoption of Agenda
8. Special Presentations

A) Presentation of the "Runner Friendly Community" plaque. (Sean Lehmann)

B) Presentation of a plaque by University of Nevada Cooperative Extension, 4-H youth, their families and leaders to Carson City Parks and Recreation for all their outstanding support through the years. (JoAnne Skelly)

Following a recess of the meeting, the Carson City Board of Supervisors will meet 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.

9. 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 or any citizen 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.

9-1. District Attorney

A) For Possible Action: To approve and authorize payment of $67,500.00 in full settlement of all existing and any potential future claims, causes of action and damages against Carson City alleged or could have been alleged by Melissa Mulder in United States District Court for the District of Nevada, Case No. 3:10-cv-00652-LRH-RAM, or any other court. (Randal Munn)

Staff Summary: Plaintiff claims that Carson City and Aaron Lewis violated her federal constitutional rights and various Nevada state laws in connection with incidents which allegedly occurred on September 6th and September 8th, 2010.

B) For Possible Action: To approve and authorize payment of $60,000.00 in full settlement of all existing and any potential future claims, causes of action and damages against Carson City, and Jason Bueno individually and Gary Underhill individually, alleged or could have been alleged by Elvin Lee Fred in United States District Court for the District of Nevada, Case No. 3:11-cv-00064-HDM-VPC, or any other court. (Randal Munn)

Staff Summary: Plaintiff Elvin Fred alleges to have been wrongfully arrested and subjected to excessive force in violation of his federal constitutional rights and in violation of Nevada state law. The case stems from the arrest of the Plaintiff at the Carson Nugget on the night of January 20, 2009. Plaintiff seeks damages for personal injuries, emotional distress, attorney's fees and costs, and punitive damages against the individual officers. Plaintiff also seeks damages directly against Carson City based upon the alleged existence of an unlawful custom and practice which allegedly caused the constitutional violations in question and for its alleged failure to adequately hire, train and supervise Deputy Bueno and Deputy Underhill.

9-2. Finance

For Possible Action: To accept the report on the condition of each fund in the treasury through December 6, 2011 per NRS 251.030. (Nick Providenti)

Staff Summary: NRS 251.030 requires the Finance Director (for the purpose of the statute acting as the County Auditor) to report to the Board of County Commissioners (or in our case the Board of Supervisors), at each regular meeting thereof, the condition of each fund in the treasury.

9-3. Purchasing and Contracts

A) For Possible Action: To accept the Carson City Audit Committees recommendation to retain MOSS-ADAMS, LLP (Certified Public Accountants) and authorize Carson City Staff along with a member of the Audit Committee to negotiate with the MOSS-ADAMS, LLP firm to perform the City's Internal Audit function for a not to exceed cost of $110,000.00 to be funded from the Internal Audit Budget account as provided in FY 2011/2012.   (Kim Belt)

Staff Summary: Carson City Audit Committee through an extensive advertisement/review/interview process has selected a Certified Public Accountant Firm to perform the City's Internal Audit Function.

B) For Possible Action: To determine that Contract No. 1112-141 is a sole source purchase for equipment which by reason of the training of the personnel or of an inventory of replacement parts maintained by the local government is compatible with existing equipment, and therefore not suitable for public bidding pursuant to NRS 332.115 and to approve Contract No. 1112-141 a request to purchase and install a Library BranchAnywhere Unit from Evanced Solutions, Inc. for a not to exceed cost of $134,400.00 to be funded from the B & G Club Branch Grant Fund Account as provided in FY 2011/2012. (Kim Belt)

Staff Summary: Carson City Library has received a 2011 LSTA Grant from the Nevada State Library & Archives in order to create an automated Carson City Branch Library at the Boys and Girls Club. Carson City in partnership with the Boys and Girls Club is hoping to provide currently underserved patrons with access to popular books and audiovisual materials that may otherwise not have access to relevant, current library materials.

C) For Possible Action: To determine that Contract No. 1112-143 is a contract for professional services and therefore not suitable for public bidding pursuant to NRS 332.115 and to approve Contract No. 1112-143 a request for professional services to be provided by Physician Select Management, LLC for an amount not to exceed the cost of $60,000.00 to be funded from the Immunization Billing Grant Account as provided in FY 2011/2012.   (Kim Belt)

Staff Summary: Physician Select Management, LLC will: 1) collect data on the current status of immunization billing in Nevada, 2) perform capacity integration and cost analyses of major systems for billing third-party payers for immunization activities, and 3) determine the best system(s) to bill private and public insurers for immunizations and administration fees, and develop an action plan for implementation.

9-4. City Manager

A) For Possible Action: To re-appoint Anne Keast and Tina Petersen to the 9-1-1 Surcharge Advisory Committee for two-year terms expiring on December 31, 2013. (Larry Werner)

Staff Summary: CCMC 4.05.030 creates a five member advisory committee called the "9-1-1 Surcharge Advisory Committee." There are two openings due to members' terms expiring. Anne Keast and Tina Petersen have applied for re-appointment. There are no additional applicants.

B) For Possible Action: To ratify the approval of bills and other requests for payments by the City Manager for the period of November 9, 2011 thru December 6, 2011. (Larry Werner)

Staff Summary: All bills or other requests for payment verified per CCMC 2.29.010 shall be presented by the controller, together with the register book of demands and warrants to the city manager who shall audit the same, and if found authorized, correct and legal, shall signify by his signature, as agent for the board, upon the register book of demands and warrants those demands which are approved or disapproved by him. Upon approval, the warrants, as prepared aforesaid, shall issue. The City Manager shall then cause the register book of bills and other requests for payment and warrants to be presented at least once a month to the board of supervisors, who shall by motion entered into its minutes, ratify the action taken on the bills or other requests for payment.

9-5. Health and Human Services

For Possible Action: To accept a sub-grant in the amount of $142,620 for one year from the Nevada State Health Division Bureau of Child, Family & Community Wellness. This grant will be effective beginning January 1, 2011 and will have the ability to be renewed for a total of four years. The purpose of this grant is to work with the Division of Child and Family services to obtain referrals from the foster care system in Carson City, and the community at large, to create a work group to promote abstinence among 9-12 year olds. (Marena Works)

Staff Summary: The funding, which originates from the Centers for Disease Control (CDC), for this agreement will be used to support 1 FTE Facilitator and 1 either FTE or PTE (depending on final budget) support staff, to promote abstinence among 9-12 year olds, ensuring that youth in foster care are given enrollment priority, to prevent unintended pregnancies and exposure to sexually transmitted diseases and HIV. The state will be providing in addition to the grant funds, the Promoting Health Among Teens! Abstinence Only curriculum and incentives to the participants.

9-6. Treasurer

For Possible Action: To order and direct the Carson City Treasurer to sell, after giving notice of sale, for a total amount not less than the amount of taxes, costs, penalties and interest legally chargeable against the property as stated in the order the following properties: 001-032-04, 001-156-03, 002-095-07, 002-122-24, 002-225-01, 002-601-03, 002-731-01, 002-731-16, 004-042-20, 004-055-13, 004-066-01, 004-143-05, 005-061-01, 005-061-02, 007-051-34, 007-293-24, 008-141-13, 008-141-36, 008-141-37, 008-141-38, 008-141-40, 008-141-41, 008-141-42, 008-141-43, 008-161-12, 008-173-22, 008-173-26, 008-174-30, 008-174-37, 008-191-36, 008-191-37, 008-191-38, 008-191-39, 008-271-04, 008-307-07, 008-334-21, 008-342-30, 008-353-20, 008-591-01, 008-611-04, 008-783-10, 009-021-02, 009-031-01, 009-151-01, 009-151-50, 009-653-22, 010-192-10, 010-363-27, 010-401-03, 010-402-03, 010-402-04, 010-402-05, 010-402-07, 010-402-11, 010-403-19, 010-403-20, 010-403-21, 010-403-29, 010-403-30, 010-444-01, 010-581-15, 010-592-09, 010-602-01, 010-603-18, 010-605-13. (Al Kramer)

Staff Summary: Per NRS 361.595, Section 2. If the property is to be sold, the Board of County Commissioners may make an order, to be entered on the record of its proceedings, directing the county treasurer to sell the property particularly described therein, after giving notice of sale, for a total not less than the amount of the taxes, costs, penalties and interest legally chargeable against the property as stated in the order.

(End of Consent Agenda)

Ordinances, Resolutions, and Other Items

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

11. Finance

A) For Possible Action: To accept the Carson City Comprehensive Annual Financial Report for the fiscal year ended June 30, 2011. (Nick Providenti)  Comprehensive Annual Financial Report

Staff Summary: City staff and representatives from Kafoury, Armstrong and Co. will be making a presentation of the City's financial status as well as recommendations for improvement.

B) For Possible Action: To adopt a resolution relating to general obligation (limited tax) bonds (additionally secured by pledged revenues) for the purpose of refinancing refunding certain outstanding bonds of the City; authorizing the City Manager or City Finance Director to arrange for the sale of such bonds; providing other matters properly related thereto; and providing the effective date hereof. (Nick Providenti)

Staff Summary: A resolution authorizing the City manager or Finance Director to arrange for the sale of general obligation (limited tax) water bonds (additionally secured by pledged revenues) and general obligation (limited tax) sewer bonds (additionally secured by pledged revenues). We are anticipating issuing $3,725,000 in new money for water bonds, $2,250,000 in new money for sewer bonds and $16,000,000 in possible water and sewer refunding bonds.

12. Health & Human Services

For Possible Action: To adopt a resolution accepting an inter-local agreement in the amount of $387,351 per year with Douglas County for Carson City Health and Human Services (CCHHS) to provide community health nursing services in Douglas County. (Marena Works) Late Material

Staff Summary: By entering into this Agreement Douglas County and Carson City will be able to provide greater services to the residents in regards to community health nursing care, specifically men and women's reproductive health, sexually transmitted disease infection, immunizations, well child checks and limited infectious disease control.

13. Library & Public Works - Planning and Zoning

For Possible Action: To approve and authorize the Mayor to sign a Memorandum of Understanding between the Board of Regents of the Nevada System of Higher Education on behalf of the University of Nevada, Reno, the Nevada Small Business Development Center (NSBDC) and Carson City, for the purpose of providing a framework for cooperation between NSBDC and the City in establishing services at the BRIC (Business Resource Innovation Center). (Sara Jones & Lee Plemel)

Staff Summary: This MOU establishes the expectation of the City and NSBDC in working cooperatively to provide business assistance resources at the BRIC. The recently hired BRIC manager will serve as an NSBDC business counselor, and City will provide space for business training and associated functions. The NSBDC will provide training and support for business assistance.

14. Public Works - Planning and Zoning

A) For Possible Action: To approve a Master Plan Amendment application to change the Land Use Map designation of certain properties owned by Carson City located in the vicinity of the Carson River and Mexican Dam, changing the Master Plan designation of APNs 010-121-44 (20 acres), 010-121-43 (22 acres), 010-121-42 (22 acres) and 010-502-01 (19 acres) from Rural Residential to Open Space. (MPA-11-130)  (Lee Plemel)

Staff Summary: The subject property, is currently owned by the Carson City Open Space program. The proposed amendment would make the Master Plan land use designation consistent with the actual public ownership and intended long-term use of the property for open space.

B) For Possible Action: To introduce, on first reading, an ordinance to change the zoning of APNs 010-121-44 (20 acres), 010-121-43 (22 acres), 010-121-42 (22 acres) and 010-502-01 (19 acres) from Single Family Five Acre (SF5A) to Public Community (PC). (ZMA-11-131) (Lee Plemel)

Staff Summary: The subject properties, located in the vicinity of the Carson River and Mexican Dam, are currently owned by the Carson City Open Space program. The proposed amendments would make the zoning designations consistent with the actual public ownership and intended long-term use of the subject properties for open space.

C) For Possible Action: To approve a Master Plan Amendment application to change the land use designation from Public/Quasi-Public to Medium Density Residential (MDR) on a portion of property located at 1946 Hamilton Avenue, APN 002-523-18. (MPA-11-056) (Lee Plemel)

Staff Summary: Carson City approved the sale of property, with a master plan designation of Public, to an adjacent land owner. This amendment would correct the master plan designation to residential consistent with the actual ownership and use of the property.

D) For Possible Action: To introduce, on first reading, an ordinance to change the zoning of a portion of APN 002-523-18, located at 1946 Hamilton Avenue, from Public Neighborhood to Single Family 6000. (ZMA-11-055) (Lee Plemel)

Staff Summary: Carson City approved the sale of publicly zoned property to an adjacent land owner. This amendment would correct the zoning of the property from public to residential consistent with the actual ownership and use of the property.

E) For Possible Action: To approve a Master Plan Amendment application to change the Land Use Map designation of certain properties owned by Carson City located in and around the vicinity of the northwest quadrant of Carson City, changing APNs 007-092-08 (77 acres), 007-601-02 (96 acres) and APN 007-031-04 (15 acres) from Conservation Reserve (Private) to Open Space. (MPA-11-123) (Lee Plemel)

Staff Summary: The subject properties were purchased and are now owned by the Carson City Open Space program. The proposed amendments would make the Master Plan land use designations consistent with the actual public ownership and intended long-term use of the subject properties for open space.

F) For Possible Action: To introduce, on first reading, an ordinance to change the zoning of APN 007-092-08 (77 acres) from Conservation Reserve (CR) to Public Community (PC), and APNs 007-601-02 (96 acres) and 007-031-04 (15 acres) from Conservation Reserve (CR) to Public Regional (PR). (ZMA-11-124) (Lee Plemel)

Staff Summary: The subject properties, located in and around the northwest quadrant of Carson City, were purchased and are now owned by the Carson City Open Space program. The proposed amendments would make the zoning designations consistent with the actual public ownership and intended long-term use of the subject properties for open space.

G) For Possible Action: To approve a Master Plan Amendment application to change the Land Use Map designation of certain properties owned by Carson City located in and around the northeast quadrant of Carson City, changing the Master Plan designation of APNs 008-541-92 (16 acres), 008-541-73 (16 acres), 008-531-39 (138 acres), 008-531-05 (0.73 acres), 010-011-26 (80 acres), 010-011-27 (100 acres), 008-531-40 (20 acres), 010-021-55 (35 acres), 010-681-02 (39 acres) and 010-681-01 (0.06 acres) from Conservation Reserve (Private) to Open Space; and 010-071-26 (71 acres) and 010-021-47 (257 acres) from Rural Residential Conservation Reserve (Private), and Low-Density Residential to Open Space; and 010-071-27 (40 acres) from Rural Residential and Low-Density Residential to Open Space. (MPA-11-126) (Lee Plemel)

Staff Summary: The subject properties are currently owned by the Carson City Open Space program. The proposed amendments would make the Master Plan land use designations consistent with the actual public ownership and intended long-term use of the subject properties for open space.

H) For Possible Action: To introduce, on first reading, an ordinance to change the zoning of APN 008-922-11 (17.6 acres) from Limited Industrial (LI) to Public Neighborhood (PN), APN 002-101-73 (8.6 acres) from Single Family 6,000 (SF6) to Public Neighborhood (PN), APNs 008-541-92 (16 acres), 008-541-73 (16 acres) and 008-531-05 (.73 acres) from Agriculture (A) to Public Regional (PR), APNs 010-011-26 (80 acres), 010-011-27 (100 acres), 008-531-40 (20 acres) and 010-021-55 (35 acres) from Conservation Reserve (CR) to Public Regional (PR), and APNs 010-681-01 (0.06 acres) and 010-681-02 (39 acres) from Single Family One Acre (SF1A) to Public Community (PC). (ZMA-11-127) (Lee Plemel)

Staff Summary: The subject properties, located in and around the northeast quadrant of Carson City, are currently owned by the Carson City Open Space program. The proposed amendments would make the zoning designations consistent with the actual public ownership and intended long-term use of the subject properties for open space.

I) For Possible Action: To approve a Master Plan Amendment application to change the Master Plan Land Use Map designation of a property owned by Carson City located in the vicinity of the southwest quadrant of Carson City, changing the Master Plan designation of APN 007-051-07 (40 acres) from Conservation Reserve (Private) to Open Space. (MPA-11-128) (Lee Plemel)

Staff Summary: The subject property is currently owned by the Carson City Open Space program. The proposed amendment would make the Master Plan land use designation consistent with the actual public ownership and intended long-term use of the property for open space.

J) For Possible Action: To introduce, on first reading, an ordinance to change the zoning of APNs 007-051-07 (40 acres), 007-051-80 (60 acres), 007-051-76 (93 acres) and 007-031-33 (222 acres) from Conservation Reserve (CR) to Public Regional (PR). (ZMA-11-129) (Lee Plemel)

Staff Summary: The subject property, located in the southwest quadrant of Carson City, is currently owned by the Carson City Open Space program. The proposed amendment would make the zoning designation consistent with the actual public ownership and intended long-term use of the property for open space.

K) For Possible Action: To accept the Carson City Master Plan Annual Report, including recommended actions for the implementation of the goals and policies of the Master Plan. (MPA-11-117) (Lee Plemel)

Staff Summary: State law (NRS 278.190) requires the Planning Commission to annually make recommendations to the Board of Supervisors regarding the implementation of the Master Plan. The report includes information regarding past, current and future Master Plan implementation actions for the Commission's consideration.

15. Clerk/Recorder

For Possible Action: To adopt, on second reading, Bill No. 121, an ordinance amending Carson City Municipal Code Title 2, Administration and Personnel, Chapter 2.02 Board of Supervisors, by amending Section 2.02.010 Ward Boundaries by deleting the existing ward descriptions and establishing that the four contiguous voting ward boundaries shall be adopted by resolution of the Board of Supervisors in the Carson City Nevada Official Ward Map to be filed and recorded with the Office of the Carson City Clerk Recorder, and other matters properly related thereto. (Alan Glover)

Staff Summary: Every ten years the Board of Supervisors must reapportion the Wards.

16. City Manager

A) For Possible Action: To determine that performance measures of the activities and functions of the city departments are key to the management of the services provided by the city to its constituents and that the continued collection and analysis of performance data is a high priority, that an upper level staff member located in the City Manager's Office is needed to manage the process; and to authorize the City Manager to add the new position to the budget within the range of a Deputy City Manager (Unclassified UNC 46). (Larry Werner)

Staff Summary: Discussion on priority performance measures and staff and budget necessary to support the activity.

B) Closed Exempt Proceeding pursuant to NRS 288.220, to consider the negotiations and informal discussions between the City Manager and the City's various labor unions regarding any potential for contract concessions to assist the City in balancing the FY 2011-12 annual budget. (Larry Werner)

Staff Summary: Projected revenues in the FY 2011-12 budget have not materialized as anticipated, requiring cost control measures be considered in January 2012 to maintain a balanced budget. 

-  LUNCH BREAK - 

- RETURN - APPROXIMATE TIME - 3:00 P.M.

17. City Manager

A) For Possible Action: To appoint two members to the Carson City Audit Committee for two-year terms ending December 2013. (Larry Werner)

Staff Summary: CCMC Chapter 2.14.030 and Bill No. 125, adopted on Oct. 1, 2009 provide for a five (5) member Audit Committee; one (1) member from the Board of Supervisors and four (4) members from the public at-large. There are two vacancies to be filled for public at-large due to the expiration of current members' terms. Both Michael Bertrand and Ken Brown have requested reappointment and Aaron Sims has applied to be appointed. There are no additional applicants.

B) For Possible Action: To appoint two members to the Carson City Regional Transportation Commission for two-year terms expiring on December 31, 2013. (Larry Werner)

Staff Summary: NRS Chapter 277A.170 and CCMC 11.20.030 provide for the creation and organization of a five (5) member Regional Street and Highway Commission. Staggered two-year terms are served by two (2) members of the Board of Supervisors and three (3) representatives of the city at large. There are two vacancies to be filled on the Regional Transportation Commission (RTC) due to members= terms expiring. Members of the RTC also serve on the Carson Area Metropolitan Planning Organization (CAMPO). Charles DesJardins has requested reappointment. There are also two applicants: Aaron Sims and James Smolenski.

18. Board of Supervisors

Non-Action 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

19. 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.

20. For Possible Action: To Adjourn

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.

Copies of information related to the above items can be viewed at the reference desk at the Carson City Public Library.

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.

This meeting can be viewed on Channel 226. For specific dates and times - www.bactv.org.

This notice has been posted at the following locations:

Community Center 851 East William Street
Public Safety Complex 885 East Musser Street
City Hall 201 North Carson Street
Carson City Library 900 North Roop Street
Business Resource & Innovation Center (BRIC) 108 East Proctor Street

Date: December 8, 2011

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