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11-19-20 Agenda with Supporting Materials
CARSON CITY CONSOLIDATED MUNICIPALITY
NOTICE OF MEETING OF THE
BOARD OF SUPERVISORS
Day: Thursday
Date: November 19, 2020
Time: Beginning at 8:30 am
Location: Community Center, Bob Boldrick Theater
851 East William Street
Carson City, Nevada
AGENDA
NOTICE TO THE PUBLIC:
The State of Nevada and Carson City are currently in a declared State of Emergency in response to the global pandemic caused by the coronavirus (COVID-19) infectious disease outbreak. In accordance with the Governor’s Declaration of Emergency Directive 006, which has suspended the provisions of NRS 241.020 requiring the designation of a physical location for meetings of public bodies where members of the public are permitted to attend and participate, public meetings of Carson City will NOT have a physical location open to the public until such time this Directive is removed.
• Members of the public who wish only to view the meeting but do NOT plan to make public comment 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.
• 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.
• Members of the public who wish to provide live public comment may do so during the designated public comment periods, indicated on the agenda, via telephonic appearance by dialing the numbers listed below. Please do NOT join by phone if you do not wish to make public comment.
Join by phone:
Phone Number: +1-408-418-9388
Meeting Number: 146 641 6463
1. Call to Order - Board of Supervisors
2. Roll Call
3. Invocation - Brian Underwood, Sierra Lutheran High School
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. Comments received via email
6. For Possible Action: Approval of Minutes - October 15, 2020
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. 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 October 3, 2020 through November 6, 2020. (Nancy Paulson, npaulson@carson.org)
Staff Summary: Pursuant to CCMC 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. Finance
9.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 November 6, 2020, 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.
10. Public Works
10.A For Possible Action: Discussion and possible action regarding a non-exclusive waterline easement and a non-exclusive storm drain easement granted by Retail Court Hotel, LLC, to Carson City for a new townhome subdivision on APN 002-751-07 off Emerson Drive and a new hotel on APN 002-751-01 off Retail Court, and authorization for the Acting Mayor / Mayor Pro Tempore to sign the easements. (Darren Schulz, Dschulz@carson.org and Robert Nellis, RNellis@carson.org)
Staff Summary: APN 002-751-07 is being subdivided and requires water service. The 7,021 square foot waterline easement will extend the City's water main from Retail Court through APN 002-751-01 to a new townhome development on APN 002-751-07. A 9,571 square foot storm drain easement on APN 002-751-07 and a 3,541 square foot storm drain easement on APN 002-751-01 is being granted by Retail Court Hotel, LLC, to the City to create the necessary infrastructure to accommodate runoff, from both the new townhome subdivision on Emerson Drive and the new hotel on Retail Court. The easements also allow for vehicle and equipment access for maintenance and repair.
(End of Consent Agenda)
Ordinances, Resolutions, and Other Items
11. Item(s) pulled from the Consent Agenda will be heard at this time.
12. Purchasing and Contracts
12.A For Possible Action: Discussion and possible action regarding a determination that Western Nevada Supply, Co. ("WNS") is the lowest responsive and responsible bidder (Contract File No. 20300164) pursuant to NRS Chapter 332, and authorization for the Director of the Carson City Department of Public Works ("Department") to purchase warehouse inventory parts on an as-needed basis for a not to exceed annual amount of $250,000 through December 31, 2021, and authorization for the Public Works Director to renew the contract in 1 year increments for up to an additional 5 years, for up to $250,000 each year and a total not to exceed amount of $1,500,000. (Carol Akers, CAkers@carson.org and Rick Cooley, RCooley@carson.org)
Staff Summary: WNS has provided parts, products, and materials each year to support the daily operations of the various divisions within the Department. This includes various appurtenances needed to maintain the utility systems as well parts and products to support maintenance activities within the Streets and Landfill divisions of the Department. The estimated costs for these purchases were approved as part of the Fiscal Year 2021 budget for the various divisions of the Department. Carson City accepted electronic bids for the water, wastewater, and stormwater utilities, and the streets and landfill inventory materials and parts. Only one bid, from Western Nevada Supply, was received in response to the notice to bidders. Staff is seeking authorization for the Public Works Director to extend the contract in 1 year increments for an additional 5 years through December 31, 2026, with a not to exceed annual amount of $250,000 each year and a total not to exceed amount of $1,500,000.
12.B For Possible Action: Discussion and possible action regarding Amendment No. 1 to Contract No. 19300143, SAFER Grant Consultant, with Shamrock Consulting, to increase the contract amount by $36,137 for a new total contract amount of $37,337, to be funded from the Carson City General Fund. (Carol Akers, CAkers@carson.org and Sean Slamon, SSlamon@carson.org)
Staff Summary: Contract No. 19300143 was for an initial not to exceed amount of $1,200 for preparation of the SAFER grant application. If approved, this contract amendment will allow Shamrock Consulting, LLC to remain as the grant management consultant for the Carson City Fire Department ("CCFD") over the 3-year grant period. The City renegotiated the previous consulting fee of 1.5% down to 1% of the total awarded amount, equal to the sum of $36,137. This amount will be paid over the next three years as follows: $20,000 in Fiscal Year (FY) 2021; $8,000 in FY 2022; and $8,137 in FY 2023. Generally, contracts under $50,000 do not require Board of Supervisors' approval but given the nature of this contract and the "claw back" provision added, staff has brought this amendment forward for review and approval.
13. Community Development - Planning
13.A For Possible Action: Discussion and possible action regarding possible direction to staff to serve a notice of an order to appear and show cause why Business License BL-003942-2020 issued to Environmental Resources, Inc., dba Easy Rooter Plumbing, located at 125 London Circle, Sparks, Nevada, should not be suspended, cancelled, or revoked pursuant to Carson City Municipal Code (CCMC) 4.04.210(1), for continued operation of the business in violation of the CCMC, and to fix the time and place for the show cause hearing for December 17, 2020 at 1:30 p.m during the regularly scheduled Board of Supervisors meeting. (Hope Sullivan, hsullivan@carson.org)
Staff Summary: The Carson City Fire Marshal has filed a complaint alleging that the portable grease vacuums that Easy Rooter Plumbing is distributing to Carson City restaurants poses a significant hazard. Although the Fire Marshal issued a Cease and Desist Order in September 2019, the Fire Inspectors have observed that this equipment is continuing to be distributed to area businesses. CCMC 4.04.210 establishes the process for suspending, canceling or revoking a business license based on "good cause", which includes the existence of conditions that injuriously affects the public health, safety and welfare.
14. Public Works
14.A For Possible Action: Discussion and possible action regarding a business impact statement concerning a proposed ordinance amending Title 12 of the Carson City Municipal Code ("CCMC") to revise various provisions relating to water, wastewater and storm water utility rates, and concerning a proposed "Carson City Public Works Utility Rate Schedule" or "Rate Schedule," which together would increase water, wastewater and storm water utility rates and authorize contributions to the Utility Ratepayer Assistance Program from the water, wastewater and storm water utility funds. (Darren Schulz, DSchulz@carson.org; Eddy Quaglieri, EQuaglieri@carson.org and Andy Hummel, AHummel@carson.org)
Staff Summary: NRS 237.080 requires that Carson City prepare a business impact statement when a new ordinance or a new rule that imposes a fee that is paid by businesses is proposed. This Business Impact Statement concerns a proposed ordinance which, if adopted, would raise water, wastewater, and storm water utility rates and permit contributions to the Utility Ratepayer Assistance Program from the water, wastewater and storm water utility funds, and concerns the proposed adoption of the "Rate Schedule," which establishes a schedule of utility rates and fees. The proposed Business Impact Statement finds that the proposed ordinance and "Rate Schedule" will not impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business.
14.B For Possible Action: Discussion and possible action to introduce, on first reading, a proposed ordinance amending Title 12 of the Carson City Municipal Code ("CCMC") to revise various provisions relating to water, wastewater and storm water utility rates, and to revise provisions relating to the Utility Ratepayer Assistance Program. (Darren Schulz, DSchulz@carson.org; Andy Hummel, AHummel@carson.org and Eddy Quaglieri, EQuaglieri@carson.org)
Staff Summary: This will be the first reading of a proposed ordinance which, if adopted, will increase the water service charge by 3.0% on January 1, 2021, July 1, 2021, July 1, 2022, July 1, 2023, and July 1, 2024; increase the wastewater service charge by 3.5% on January 1, 2021, July 1, 2021, July 1, 2022, July 1, 2023, and July 1, 2024; restructure storm water rates and increase the storm water service charges on January 1, 2021, January 1, 2022, January 1, 2023, and January 1, 2024; remove water and wastewater connection fees and water, wastewater and storm water user charges from CCMC Title 12 and create a "Rate Schedule"; establish provisions authorizing up to $10,000 annually in funding from each of the utility funds to the Utility Ratepayer Assistance Program; and make other conforming changes.
15. Health and Human Services
15.A For Discussion Only: Discussion and presentation on the intended use of the COVID-19 vaccination grant in the amount of $71,872, received by the Carson City Health and Human Services Department (CCHHS) from the State of Nevada, Department of Public and Behavioral Health, Nevada State Immunization Program, originating from the Centers for Disease Control and Prevention (CDC). (Nicki Aaker, naaker@carson.org)
Staff Summary: CCHHS received emergency funding in the amount of $71,872 from the CDC Immunization and Vaccines for Children Program, which is passed through the State of Nevada, Department of Public and Behavioral Health from the federal government to local health departments that currently receive immunization and vaccine funding. The grant period is October 1, 2020 through June 30, 2021. These funds will be used for temporary staffing personnel, vaccination supplies, and a vaccine cooler. This grant does not require a match.
16. Board of Supervisors
16.A For Possible Action: Discussion and possible action regarding directives and recommendations concerning Carson City departmental and staff functions in Carson City as a consolidated municipality in relation to the exercise of emergency powers pursuant to NRS Chapters 244 and 414 and CCMC Chapter 6.02 for the purpose of ensuring the health, safety and welfare in Carson City in response to the global coronavirus (COVID-19) pandemic. (Nancy Paulson, npaulson@carson.org)
Staff Summary: As the status of the global coronavirus is constantly in a state of unpredictability and a rapidly changing landscape with regard to the rate of infection, exposure to infection and the issuance of international, federal and state guidelines and recommendations to mitigate exposure to and the transmission of infectious disease, various staff will present an update on Carson City’s role in protecting the health, safety and welfare of its residents. In addition, this item is for the Board of Supervisors to issue, if it elects to do so, certain directives to City staff and departments concerning City-related functions, as well as any recommendations to the public or directives pursuant to the City’s emergency powers under a state of emergency in accordance with legal authority expressly granted by state and local law.
Closed Non-Meeting to Confer with Management Representatives and Counsel:
Following a recess or adjournment, the Carson City Board of Supervisors will 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.
17. City Manager
17.A For Possible Action: Discussion and possible action regarding a proposed settlement agreement in the amount of $125,000, payable by Carson City to Grace Doe on behalf of minor Jane Doe for certain state and federal claims arising from alleged injuries sustained by the minor as the result of her participation and enrollment in the City's Parks and Recreation Camp Carson in the summer of 2016. (Nancy Paulson, npaulson@carson.org)
Staff Summary: This agenda item is for the Board of Supervisors ("Board") to consider entering into a settlement agreement with claimant Grace Doe, who has threatened to bring legal action against Carson City and a former Carson City employee on behalf of minor Jane Doe. The threatened litigation involves a number of allegations of state and federal law violations arising from the minor's participation and enrollment in a summer recreational program overseen by the City's Department of Parks, Recreation and Open Space in 2016. The proposed settlement, if approved, releases the City from any further obligations in this matter with regard to Jane Doe.
18. 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
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
**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. Although it has been the ordinary practice of these public bodies to provide an opportunity for additional public comment during each specific item designated for possible action on the agenda, public comment will be temporarily limited to the beginning of the agenda before any action is taken and again at the end before adjournment. This policy will remain effective during the period of time the State of Nevada is under a State of Emergency as declared by the Governor due to the COVID-19 pandemic, and is intended to achieve the efficient conduct of meetings while facilitating public participation via telephonic means. 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.
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 Janet Busse at jbusse@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.
NOTICE TO PUBLIC: In accordance with the Governor’s Emergency Declaration Directive 006 suspending state law provisions requiring the posting of public meeting agendas at physical locations, this agenda was posted electronically at the following Internet websites:
www.carson.org/agendas
http://notice.nv.gov