04-01-21 Agenda with Supporting Materials

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

 

 

Day:                Thursday
Date:               April 1, 2021
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:

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: 187 236 9417

1.    Call to Order - Board of Supervisors

2.    Roll Call

3.    Invocation - Ken Haskins, First Christian 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 - March 4, 2021

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. 

7.    Finance

 7.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 March 19, 2021, 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.

8.    Health & Human Services

 8.A   For Possible Action: Discussion and possible action regarding Amendment No. 1 to Contract No. 20300270, independent contractor agreement with Dr. Colleen Lyons, Carson City Health Officer, to modify certain provisions related to insurance requirements. (Nicki Aaker, naaker@carson.org)

Staff Summary:  The Board of Supervisors (“Board”) appointed Dr. Lyons as the Carson City Health Officer on February 18, 2021 and approved Contract No. 20300270 to formalize the terms of her appointment.  As approved, the contract contained standard terms and conditions relating to insurance requirements that have since been determined as inapplicable to her independent contractor status as the Carson City Health Officer. Consequently, Dr. Lyons has requested revisions to the contract.

9.    Public Works

 9.A   For Possible Action: Discussion and possible action regarding a Grant of Easement from Anne Carvalho to Carson City, located on a portion of 1231 Copper Springs Court, APN 007-071-13 ("Easement"), that is necessary for the Kings Canyon Road and Trailhead Federal Lands Access Program ("FLAP") Project, for the amount of $5,000 payable by the City to Ms. Carvalho. (Dan Stucky, DStucky@carson.org; Robert Nellis, RNellis@carson.org; Christopher Martinovich, CMartinovich@carson.org).

Staff Summary:  The Easement is comprised of an 810 square-foot permanent easement and an 842 square-foot drainage easement. This Easement is required as part of the Kings Canyon Road and the FLAP Project; the Easement is necessary to allow for the reconstruction of Kings Canyon Road which is deteriorating due to its age, erosion and inadequate roadside drainage. The property owner has agreed to grant this permanent Easement for the purposes of constructing, repairing and maintaining the roadway, drainage facilities and other appurtenances associated with Kings Canyon Road as well as to allow the City to make improvements to the driveway approach. As consideration for this easement, the City will make a one-time payment of $5,000.00 to the property owner.

 9.B   For Possible Action:  Discussion and possible action regarding a requested assignment to Octagon Towers, LLC of New Cingular Wireless PCS, LLC's interest as described in the "Land Lease Agreement", dated February 19, 2013 ("Lease") and concerning approximately 625 square feet of City property being used for a communication antenna ("cell tower") located at Lone Mountain on APNs 002-101-81, and authorization for the Mayor to sign the letter of consent and the Treasurer to sign the estoppel certificate. (Dan Stucky, DStucky@carson.org and Robert Nellis, RNellis@carson.org)

Staff Summary:  On January 17, 2013, the Board of Supervisors approved a lease with Cingular Wireless PCS, LLC, on APN 002-101-81 for the construction of a cell tower.  New Cingular Wireless PCS, LLC and Octagon Towers, LCC, have agreed to an assignment of the lease to Octagon and a leaseback of space on the tower to Cingular for their ongoing operations. Cingular has asked the City for its consent to the assignment under section 16 of the Lease. Octagon will assume all obligations under the Lease on and after the date of assignment. Cingular will have no further rights or obligations with respect to the Lease on or after the date of assignment. Cingular has requested that the City execute a letter of consent and an estoppel certificate.

10.    City Manager

 10.A   For Possible Action: Discussion and possible action regarding the appointment of two members to the Historic Resources Commission due to expiring terms, each for a term expiring in February 2025. (Nancy Paulson, npaulson@carson.org)

Staff Summary: The Board of Supervisors appoints seven members of the Historic Resources Commission ("HRC"). The following applicants are seeking reappointment: Michelle Schmitter (qualified in historic preservation) and Michael Drews (qualified in archaeology, anthropology, history or related profession).

(End of Consent Agenda)

Ordinances, Resolutions, and Other Items

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

12.    Human Resources

 12.A   For Possible Action:  Discussion and possible action regarding the appointment of a person to the position of Chief of the Department of Alternative Sentencing (“DAS”), and the establishment of an annual salary. (Nancy Paulson, npaulson@carson.org and Melanie Bruketta, mbruketta@carson.org)

Staff Summary:  The former Chief of DAS, Tad Fletcher, retired on January 14, 2021.  Timothy Guthrie, Deputy Chief of DAS, was appointed as the Interim Chief by the Board of Supervisors (“Board”) on January 7, 2021.  In accordance with Carson City Municipal Code (“CCMC”) 2.38.040, a candidate screening panel comprised of the Senior Judge of the First Judicial District Court, the two Justices of the Peace of the Carson City Municipal/Justice Court, the Carson City Manager, the Carson City Sheriff and the Carson City District Attorney, interviewed five qualified applicants on February 19, 2021 interested in appointment as the DAS Chief.  Based on those interviews, the screening panel has recommended the following applicants for further consideration and interview by the Board: Meliah Gonzales, Timothy Guthrie and Marlina Stone.

13.    City Manager

 13.A   For Possible Action: Discussion and possible action regarding the adoption, on second reading, of Bill No. 105, a proposed ordinance amending Title 4 of the Carson City Municipal Code ("CCMC") to establish a reporting requirement and remove the expiration of an existing 1% transient lodging tax supporting the Carson City Arts and Cultural Master Plan and the development of a cultural tourism campaign. (Nancy Paulson, npaulson@carson.org)

Staff Summary: This will be the second reading of a proposed ordinance which, if enacted, will remove the expiration of an existing 1% transient lodging tax supporting the Carson City Arts and Cultural Master Plan and the development of a cultural tourism campaign.  It will also establish a reporting requirement to the Carson City Culture and Tourism Authority ("CTA") and the Carson City Board of Supervisors on the proceeds and use of the proceeds from the tax. 

14.    Purchasing and Contracts

 14.A   For Possible Action: Discussion and possible action regarding a determination that Universal Service Recycling ("Universal") is the lowest responsive and responsible bidder pursuant to NRS Chapter 332 and whether to award Contract No. 20300262, Scrap Metal Recycling, to Universal, pursuant to which Universal would receive 48% of the market value for scrap metal from the Carson City Landfill ("Landfill") for providing scrap metal recycling services, with the remaining 52% returned to the City, for an initial term of three years terminating on March 31, 2024 with two one-year renewal options at the City's discretion. (Carol Akers, CAkers@carson.org and Rick Cooley, RCooley@carson.org)

Staff Summary:  Bids were solicited on behalf of the Carson City Public Work Department for the recycling of scrap metal at the Landfill. Universal proposed to pay the City 52% of the fair market value for scrap metal it removes from the Landfill, with the fair market value price set each month based on the American Metals Market, Export Buying Yard Los Angeles market, #2 bundles price. This is a revenue generating contract, but the amount of revenue is subject to change based on market conditions. 

15.    Public Works

 15.A   For Possible Action: Discussion and possible action regarding a business impact statement concerning a proposed license fee methodology to be applied city-wide for license agreements executed within the City's rights-of-way. (Dan Stucky, Dstucky@carson.org and Robert Nellis, RNellis@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 license fee methodology that will be applied city-wide to any license executed with a business that encroaches into the City's rights-of-way for business purposes. The proposed business impact statement finds that the proposed license agreement and license fee methodology will not impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business.

16.    Parks and Recreation

 16.A   For Discussion Only: Discussion and presentation regarding the Open Space Advisory Committee 2020 Annual Report. (Lyndsey Boyer, lboyer@carson.org)

Staff Summary: Carson City Municipal Code ("CCMC") 13.06.090 requires that the Open Space Advisory Committee provide an annual report of its activities to the Board of Supervisors.

17.    Finance

 17.A   For Possible Action: Discussion and possible action regarding a final appropriation for the Community Support Services Grant ("CSSG") funding for Fiscal Year ("FY") 2022. (Mirjana Gavric, MGavric@carson.org)

Staff Summary: The CSSG annual competitive adult and youth total funding for FY 2022 is $124,480. Staff recommends that $98,103 be awarded for adult programs and $26,377 be awarded for youth programs, of which $21,770 is to be paid to Partnership Carson City for youth programs and $4,607 will be held in the General Fund for CSSG FY 2023 youth competitive programs. In addition, $120,000 will be awarded from the Quality of Life Initiative to the Boys and Girls Club of Western Nevada. 

 17.B   For Possible Action: Discussion and possible action regarding the adoption of Resolution No. 2021-R-___, authorizing expenditures of $239,873 in total funds for community support services grants ("CSSG") to non-profit organizations and the Quality of Life Initiative for Fiscal Year ("FY") 2022. (Mirjana Gavric, MGavric@carson.org)  

Staff Summary:  NRS 244.1505 requires that any funds granted by the Board of Supervisors to private, non-profit organizations be made by resolution. For FY 2022, the total CSSG funding for the adult and youth competitive category is $124,480. Staff recommends funding of $98,103 to be awarded for adult programs and $21,770 to be awarded for youth programs. Staff further recommends that $120,000 to be awarded to the Boys and Girls Club of Western Nevada in accordance with the Quality of Life initiative.

18.    Recess as the Board of Supervisors

Board of Health

19.    Call to Order & Roll Call - Board of Health

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 -December 17, 2020

22.    Health & Human Services

 22.A   For Possible Action: Discussion and possible action regarding a proposed acceptance of the report of the Carson City Health and Human Services Department (“CCHHS”) Director, Nicki Aaker. (Nicki Aaker, naaker@carson.org) Late Material

Staff Summary: The CCHHS Director’s report will provide: (1) a welcome to the new Carson City Health Officer, Dr. Colleen Lyons; (2) a public health legislative update; (3) an update on re-accreditation efforts; (4) an update on COVID-19 matters; and (5) a calendar of events that may be of interest to the Board of Health and members of the public. 

 22.B   For Discussion Only: Discussion and presentation regarding the Board of Health to orient and re-orient its members, as required for public health accreditation, including an overview of the current bylaws of the Board of Health, provisions of Nevada Revised Statutes pertaining to public health and the Board of Health, public health accreditation measures and standards involving the Board of Health and the Board of Supervisors, requests for future training needs and requests for reference materials. (Nicki Aaker, naaker@carson.org)

Staff Summary:  Public health accreditation requires an orientation for the Board of Health members.  This presentation includes information pertaining to the Board of Health, its current bylaws, state law pertaining to public health and the duties and powers of the Board of Health.  Feedback and direction is requested from the Board of Health regarding future training needs, if any, and reference materials that the Board requests to be given to each member.

 22.C   For Possible Action: Discussion and possible action regarding guidance or direction to staff concerning the Carson City Behavioral Health Task Force ("Task Force") relating to the gaps, needs, priorities and recommendations of the Northern Nevada Behavioral Health Policy Board ("Policy Board"), as highlighted in the draft annual report of the Policy Board. (Nicki Aaker, naaker@carson.org; Mary Jane Ostrander, mostrander@carson.org)

Staff Summary:  The Policy Board oversees the northern region of Nevada, comprised of Carson City and Churchill, Lyon and Storey Counties.  The Policy Board is required to present an annual report to the Commission on Behavioral Health identifying certain gaps, needs and priorities, along with recommendations for the northern region.  That annual report is currently in draft form.  This item is for the Board of Health to provide guidance or direction regarding recommendations of the Policy Board.  Staff also welcomes any suggestions the Board of Health may have for the Task Force.

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 Board of Health

25.    Reconvene as the Board of Supervisors

26.    Health and Human Services

 26.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.

27.    Board of Supervisors

 27.A   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 and Carson City's retained lobbyist to advocate for or against any such legislation, including the submittal of proposed amendatory language. (Nancy Paulson, npaulson@carson.org) Late Material

Staff Summary:  The Nevada Legislature is currently in its 81st 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 and the City's retained lobbyist 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/government/2021-legislative-matters-carson-city.

28.    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

29.    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.

30.    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. 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.  Comments may be limited to three minutes per person or topic at the discretion of the Mayor, Mayor Pro-Tem and Chair in order to facilitate the meeting.
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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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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