11-07-19 Agenda with Supporting Materials

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

Day: Thursday
Date: November 7, 2019
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 -
Nick Emery, Hope Crossing Community Church

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 - October 17, 2019

7.    For Possible Action:  Adoption of Agenda

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.    Assessor

 8.A   For Possible Action:  Discussion and possible action regarding a proposed partial removal of the 2019/2020 Real Property Taxes from parcel number 009-052-12 (2310 S Carson St. Suite 4) per NRS 361.125 in the amount of $4,172.67, along with a refund to be issued in the same amount for the time period that this parcel is exempt from October 14, 2019 through June 30, 2020.  (Kimberly Adams, kadams@carson.org)

Staff Summary:  The Assessor's Office is requesting the partial removal and partial refund of the 2019/20 Real Property Taxes for Assessor's Parcel Number 009-052-12 in the amount of $4,172.67.  This parcel was sold to a church called "Common Ground Carson" a Nevada Nonprofit Corporation on October 14, 2019 and is now tax exempt per NRS Chapter 361.  The 2019/20 Real Property Taxes remain taxable from July 1, 2019 through October 13, 2019.  The remaining fiscal year, October 14, 2019 through June 30, 2020, is exempt from taxation per NRS 361.125.  Therefore, this request is to remove a portion of the Real Property Taxes from the 2019/20 tax roll and to refund the amount of any taxes already paid for the same fiscal year past the October 14, 2019 date.  

 8.B   For Possible Action:  Discussion and possible action regarding a proposed partial removal of the fiscal year (FY) 2017, 2018, 2019 and 2020 Real Property Taxes from parcel number 007-543-31 (2958 Gentile Ct.) per NRS 361.765 and 361.768 for a total of $1,708.27, along with a refund to be issued in the same amount.  (Kimberly Adams, kadams@carson.org) 

Staff Summary:  The Assessor's Office is requesting the partial removal and partial refund of the FY 2017 (2016/17), FY 2018 (2017/18), FY 2019 (2018/19) and FY 2020 (2019/20) Real Property Tax Rolls due to an over assessment of the structure on parcel number 007-543-31 (2958 Gentile Ct.).  

9.    Clerk/Recorder

 9.A   For Possible Action:  Discussion and possible action regarding an Interlocal Agreement between the State of Nevada, through the Nevada Secretary of State's office, and Carson City to reimburse Carson City $28,000, with a 20% contingency for an amount not to exceed $33,600, for costs related to the statutorily required modifications to Carson City's voter registration software for the implementation of Automatic Voter Registration.  (Aubrey Rowlatt, arowlatt@carson.org)

Staff Summary:  This Agreement, if approved, will allow for Carson City to be reimbursed in full by the State of Nevada in the amount of $28,000 with a 20% contingency for an amount not to exceed $33,600 to perform statutorily mandated modifications to Carson City's voter registration software pursuant to the passage of Ballot Question No. 5 (also known as Initiative Petition 1) in 2018 and Assembly Bill (AB) 345 during the 2019 legislative session.

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 October 25, 2019, 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.    Health and Human Services

 11.A   For Possible Action: Discussion and possible action regarding submission of a grant application to the Nevada Department of Health and Human Services, Division of Public and Behavioral Health requesting approximately $130,000 for the Ryan White HIV/AIDS Program – HIV Care Grant Program – Part B Grant to fund the Carson City Health and Human Services (CCHHS) Ryan White Retention in Care program.  (Nicki Aaker, NAaker@carson.org) 

Staff Summary: Staff is requesting approval to submit a grant application to fund CCHHS’s current Ryan White Retention in Care program.  CCHHS’s program has 1 full time employee, the Treatment Adherence Counselor.  This grant amount, if awarded to CCHHS, is approximately $130,000 per year.  Grant applications are due November 15, 2019, for the April 1, 2020 – March 31, 2022 project period.  The program objectives include: (1) providing treatment adherence counseling to individuals living with HIV/AIDS who are reported as out-of-care in order to increase the percentage of patients who adhere to their prescribed medication treatment and are retained in care; and (2) conducting a program quality improvement project.  These objectives support the national HIV/AIDS strategy goals of: (1) reducing new HIV infections; (2) increasing access to care and improving health outcomes for people living with HIV; and (3) reducing HIV-related disparities and health outcomes.

12.    Parks and Recreation

 12.A   For Possible Action: Discussion and possible action regarding a proposed Memorandum of Understanding (MOU) between the Bureau of Land Management (BLM) and Carson City to designate the City as a cooperating agency for the preparation of an Environmental Assessment (EA) titled Targeted and Prescriptive Grazing of Annual Grasses in Great Basin Ecosystems in Nevada.  (Lyndsey Boyer, lboyer@carson.org)

Staff Summary: The MOU, if approved, will authorize City staff to join other agencies in assisting the BLM as a cooperating agency with the preparation of an EA related to grazing in the Great Basin ecosystem.  Carson City’s responsibilities are outlined in the draft MOU and would include review and input of draft documents prepared during the EA process prior to public release of those materials. Participation in the EA process would not impose any additional costs on the City.  The City Manager or her designee will become the point of contact for this effort, which is expected to last several months.

13.    Purchasing and Contracts

 13.A   For Possible Action: Discussion and possible action regarding Amendment No. 1 to Contract No. 1617-084, Safe Drinking Water Act Analytical Services, with Eurofins Eaton Analytical, Inc., to increase the contract amount by $20,000 for the remainder of the current contract, which will expire on December 31, 2019, for a new total multi-year contract amount of $215,643, to be funded from the Water Fund, Laboratory Expense Account.  (Carol Akers, CAkers@carson.org and Darren Schulz, DSchulz@carson.org)

Staff Summary:  To ensure Carson City's Public Water System continues to meet all state and federal regulations, specific laboratory tests are required to be performed.  The amount spent on testing will exceed the contract amount due to a series of necessary tests that did not exist at the time that the contract was executed, three years ago.  
(End of Consent Agenda)

Ordinances, Resolutions, and Other Items

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

15.    City Manager


 15.A   For Possible Action: Discussion and possible action regarding the appointment of John Giomi as the Public Guardian for a four-year term beginning on November 7, 2019 through November 6, 2023 and to set the starting compensation at $75,000 per year.  (Nancy Paulson, npaulson@carson.org) 

Staff Summary: Nevada Revised Statutes (NRS) 253.150 requires the Board of Supervisors to establish the office of public guardian and to appoint a public guardian to serve at the pleasure of the Board for a term of four years.  The City Manager recommends the appointment of John Giomi for a four-year term beginning on November 7, 2019.

 15.B   Presentation Only:  Presentation and update by the Nevada Association of Counties (NACO) regarding NACO activities and legislative matters.  (Nancy Paulson, npaulson@carson.org) 

Staff Summary:  Dagny Stapleton, Executive Director and Vinson Guthreau, Deputy Director of NACO will provide a presentation and update.

 15.C   For Possible Action: Discussion and possible action regarding Senate Bill 48 (2019) (SB48), which authorizes rural Nevada counties to implement, by ordinance or ballot question, a 1 to 5 cent diesel fuel tax that could generate approximately $400,000 in revenue annually if implemented in Carson City.  (Nancy Paulson, npaulson@carson.org) 

Staff Summary:  SB48 authorizes an additional 1 to 5 cent per gallon tax on diesel fuel to be imposed in rural Nevada counties, including Carson City.  The tax may be imposed by an ordinance adopted by a two-thirds majority of the Board of Supervisors, or by a majority of the registered voters in the county who vote on a ballot question concerning the imposition of the tax.  If a 5 cent tax is implemented, the Regional Transportation Fund will receive approximately $400,000 in additional annual revenue.  Staff requests the Board of Supervisors' direction regarding whether to implement the tax in Carson City, and if so whether to proceed by ordinance or by ballot question and what the amount of the tax should be.

16.    Senior Center

 16.A   For Presentation Only: Presentation of the accomplishments and impact of the Carson City Senior Center.  (Courtney Warner, CWarner@carson.org)

Staff Summary: The Carson City Senior Center’s mission is to enhance the quality of life and independence of seniors.  This is achieved by various services, programs and activities offered through the Carson City Senior Center.  This presentation is to summarize accomplishments the Carson City Senior Center has made in the past year and highlight the impact to the Carson City senior community. 

17.    Community Development - Planning

 17.A   For Possible Action: Discussion and possible action to adopt, on second reading, Bill No. 109, an ordinance changing the zoning from Tourist Commercial to Tourist Commercial Planned Unit Development, and to approve a minute order granting tentative approval, for a Tentative Planned Unit Development proposing 227 RV lots for sale on property zoned Tourist Commercial, located at 1400 Old Hot Springs Road, APN 008-123-40. (Heather Ferris, hferris@carson.org)

Staff Summary:  The Board of Supervisors is authorized to approve a Tentative Planned Unit Development subject to the provisions of Carson City Municipal Code (CCMC) 17.09.  The applicant is seeking approval of a Planned Unit Development that would allow for the sale of individual RV lots.  Amenities would include a sales office, gate house, clubhouse (with restroom and laundry facilities), maintenance building, pool, tennis court, pickleball court, café, a 9 hole putting golf course, and open space.  Pursuant to NRS 278A.480, hearings for a Tentative Planned Unit Development shall be held consistent with hearings for amendments to a zoning ordinance; therefore, a first and second reading of the ordinance is required.  The Board introduced the ordinance, on first reading, at its meeting of October 17, 2019.

 17.B   For Discussion Only: Discussion only regarding the process to update the Zoning Code (Title 18), the associated Title 18 Development Standards, and Title 17 (Division of Land). (Lee Plemel, lplemel@carson.org)

Staff Summary:  The Board of Supervisors set a goal in 2019 to review and, where appropriate, amend Title 18 and the Development Standards. Planning staff has begun conducting workshops with the Planning Commission to provide the Commission with information regarding the function and structure of Title 18 and the Development Standards in anticipation of recommending changes to the code.  The purpose of this item is to provide an update to the Board of Supervisors on the proposed process to update the code and to hear comments regarding areas of focus for possible amendments to the code.

18.    Clerk/Recorder

 18.A   For Possible Action:  Discussion and possible action regarding a Business Impact Statement concerning a proposed ordinance amending Title 2 of the Carson City Municipal Code (CCMC) to impose an additional $6 fee on the recording of certain documents.  (Aubrey Rowlatt, ARowlatt@carson.org and Ben Johnson, BJohnson@carson.org)

Staff Summary:   NRS 237.080 requires that Carson City prepare a Business Impact Statement when a new ordinance is proposed.  The proposed ordinance, if adopted, will increase the fee for recording certain documents with the Carson City Clerk-Recorder's office by $6.00.  The fee was authorized by the Nevada Legislature in 2017 and the proceeds are used to support legal services for abused and neglected children.

 18.B   For Possible Action: Discussion and possible action to introduce, on first reading, an ordinance relating to recording fees and amending Title 2 of the Carson City Municipal Code (CCMC) to impose an additional $6.00 fee on recording certain documents with the Carson City Clerk-Recorder’s office with the proceeds, estimated to be $47,000 or more in fiscal year (FY) 2020, supporting legal services for abused or neglected children.  (Aubrey Rowlatt, ARowlatt@carson.org and Ben Johnson, BJohnson@carson.org)

Staff Summary: This is the first reading of a proposed ordinance amending Title 2 of the CCMC to add Chapter 2.45, which will implement a $6.00 fee increase on recording certain documents with the Carson City Clerk-Recorder’s office.  The $6.00 fee was authorized by the Nevada Legislature in 2017 and the proceeds will be to support legal services for abused and neglected children.

Closed Non-meeting to Confer with Counsel:
Following a recess, the Carson City Board of Supervisors will gather 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.

19.    District Attorney

 19.A   For Possible Action: Discussion and possible action regarding whether to opt out of the Negotiation Class established in the National Prescription Opiate Litigation pending in the United States District Court for the Northern District of Ohio Eastern Division.  (Jason Woodbury, jwoodbury@carson.org)

Staff Summary:  On September 11, 2019, an order of United States District Judge Dan Aaron Polster created a "Negotiation Class" in the National Prescription Opiate Litigation, which is litigation concerning the nation's opioid crisis.  Judge Polster's order includes all counties and cities throughout the United States in the Negotiation Class.  If a settlement on behalf of the Negotiation Class was approved, counties and cities that did not opt out of the Negotiation Class would receive a predetermined allocation of settlement funds, and further claims against the settling defendants would be barred.  According to the official informational website about the Negotiating Class, http://opioidsnegotiationclass.info, Carson City's allocation of a hypothetical $1 billion settlement would be $229,411.  A county or city does not need to take any action to remain in the Negotiation Class.  But a county or city must submit an "Exclusion Request Form" by November 22 to opt out of the Negotiation Class.

20.    Board of Supervisors
Non-Action Items:
Future agenda items
Status review of projects  - Rifle and Pistol Range Presentation
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

21.    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.

22.    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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