12-06-18 AMENDED Agenda with Supporting Materials

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****AMENDED AGENDA**** 

CARSON CITY CONSOLIDATED MUNICIPALITY
NOTICE OF MEETING OF THE 
BOARD OF SUPERVISORS
AND REDEVELOPMENT AUTHORITY

Day:         Thursday
Date:        December 6, 2018
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 -
Pat Propster, Calvary Chapel

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 - November 1, 2018

7.    For Possible Action:  Adoption of Agenda

Consent Agenda

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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.
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8.    Assessor

 8.A   For Possible Action:  To approve the removal of the 2018/19 Real Property Taxes for parcel number 009-551-31 (788 Fairview Dr.) per NRS 361.065 in the amount of $19,828.97 and a waiver of $694.07 in penalties. (Kimberly Adams, kadams@carson.org)

Staff Summary:  The Assessor's Office is requesting the removal of the 2018/19 Real Property Taxes for Assessor's Parcel Number (APN) 009-551-31 and the corresponding amounts:  $19,828.97 to be removed, and a waiver of $694.07 in penalties.  

9.    Community Development

 9.A   For Possible Action: To approve a transfer of ownership of a gaming license from 777Gaming Incorporated to 777Game LLC for Max's Casino located at 900 South Carson Street.   (Hope Sullivan, hsullivan@carson.org)

Staff Summary: Carson City Municipal Code 4.14.050 requires Board review and approval of the transfer of ownership of a gaming license.  The applicant is requesting to transfer the ownership of a gaming license from 777Gaming Incorporated to 777Game LLC for Max's Casino.

10.    Finance

 10.A   For Possible Action: To accept the report on the condition of each fund in the treasury and the statements of receipts and expenditures through November 26, 2018, 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.

(End of Consent Agenda)

Ordinances, Resolutions, and Other Items

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

12.    City Manager


 12.A   Presentation Only: Presentation and update regarding Nevada Tahoe Conservation District (NTCD) projects.  (Nancy Paulson, npaulson@carson.org)

Staff Summary:  Doug Martin, Carson City's appointed member to the NTCD, will provide a presentation and update of projects. 
 
 12.B   For Possible Action:  To reappoint Doug Martin to the Nevada Tahoe Conservation District (NTCD) for a two-year term ending December 31, 2020.  (Nancy Paulson, npaulson@carson.org)

Staff Summary: NRS 548.283 requires the Board of Supervisors to appoint a representative to the Nevada Tahoe Conservation District to represent the Board of Supervisors as a supervisor on the governing board of the District. Doug Martin has expressed interest in reappointment. 

 12.C   For Possible Action: To grant a waiver of conflict of interest by executing a proposed waiver as requested by Sherman & Howard, LLC, bond counsel for the City and contract counsel for the Carson City Finance Department, relating to the law firm’s concurrent representation of Verizon Wireless in matters relating to cell towers and real estate. (Adriana Fralick, afralick@carson.org)

Staff Summary: Rule 1.7 of the Nevada Rules of Professional Conduct prohibits a lawyer from representing a client if the representation involves a concurrent conflict of interest unless each client gives informed consent, confirmed in writing.  The Reno office of the law firm Sherman & Howard LLC represents Carson City on finance matters and as bond counsel.  The firm's Denver office also represents Verizon Wireless on cell tower and related real estate matters, and such business may come before Carson City in the future. Sherman & Howard is requesting that the Board waive the firm's concurrent conflict of interest with its representation of both Carson City and Verizon Wireless.  The waiver, if granted, would only apply to the negotiation of a cell tower master lease agreement and zoning related matters, and would not extend to litigation or dispute resolution regarding such matters.  Sherman & Howard is requesting that the Board waive the firm's concurrent conflict of interest with its representation of both Carson City and Verizon Wireless. Verizon has similarly waived the conflict.

 12.D   For Possible Action: To adopt, on second reading, Bill No. 119, an ordinance amending Title 21 (Taxation), Chapter 21.06 (V&T Railroad Sales Tax) of the Carson City Municipal Code to revise various provisions relating to the purpose, imposition, refund and use of the V&T Railroad Sales Tax.  (Nancy Paulson, npaulson@carson.org)

Staff Summary:  Pursuant to the Carson City Municipal Code (CCMC), sales tax revenue may only be utilized for the payment of interest and principal on the V&T historical bonds and any bonds issued to refund the V&T historical bonds.  The purpose of this amendment to the CCMC is to also pay for certain streets and highway infrastructure projects described in the Amended Plan of Expenditure with any sales tax revenue received in each fiscal year which exceeds the amount required for that fiscal year to pay debt service on the V&T historical bonds and any bonds issued to refund the V&T historical bonds.  The sales tax may only be used to fund projects included in the Amended Plan of Expenditure.   

13.    Treasurer

 13.A   For Possible Action:  To adopt Bill No. 122, on second reading, an ordinance repealing the senior citizens assistance program for the payment of sewer use fees and water service and commodity charges and replacing those provisions with the Utility Ratepayer Assistance Program.  (Gayle Robertson, grobertson@carson.org and Ande Engleman, andelee@aol.com)

Staff Summary: This proposed ordinance repeals in its entirety Chapter 12.04 of Title 12 of the Carson City Municipal Code, which sets forth provisions for applying discounts in certain utility rate payments for senior citizens based on household income.  In place of those provisions, a new Chapter 12.035 is proposed to provide all residential ratepayers with payment assistance based on the federal poverty guidelines regardless of age, with such assistance to be made on a first-come, first-served basis and funded by certain charitable donations.    

14.    Finance

 14.A   Presentation Only:  Staff  will present some financial highlights of the current year Comprehensive Annual Financial Report (CAFR), and Piercy Bowler Taylor and Kern (PBTK) will provide information related to their audit procedures and the results of those procedures for the Carson City CAFR fiscal year ended June 30, 2018.  (Sheri Russell, srussell@carson.org) 

Staff Summary:  PBTK has been contracted to conduct an audit of the Carson City CAFR for the fiscal year ended June 30, 2018. Generally accepted auditing standards require the auditor to provide those charged with governance information about their responsibilities as well as certain information related to the planned scope, timing and results of the audit. 

 14.B   For Possible Action:  To accept the Carson City Comprehensive Annual Financial Report for the fiscal year ended June 30, 2018.  (Sheri Russell, srussell@carson.org)

Staff Summary:  NRS 354.624 requires the City to provide for an annual audit of all of its financial statements.  In addition, the opinion and findings of the auditor contained in the report of the audit must be presented at a meeting of the governing body held not more than 30 days after the report is submitted to it (November 30). The annual audit must be accepted by the Board of Supervisors prior to filing with the State of Nevada and distribution to outside agencies such as bond holders. 

 14.C   For Possible Action:  To adopt Bill No. 121, on second reading, an ordinance authorizing the issuance by Carson City of its "General Obligation (Limited Tax) Water Bonds (Additionally Secured by Pledged Revenues) Series 2019A" in the aggregate principal amount not to exceed $7,000,000. (Sheri Russell, srussell@carson.org)  

Staff Summary:  If adopted, this ordinance will authorize the issuance of the "General Obligation (Limited Tax) Water Bonds (Additionally Secured by Pledged Revenues) Series 2019A" for the purpose of making certain improvements to the Water System by acquiring, constructing, improving and equipping facilities pertaining to the Water System.     

15.    Fire

 15.A   For Possible Action: To introduce, on first reading, an ordinance amending sections of Title 14, Chapter 14.02, to reflect the adoption of the 2018 editions of the International Fire Code, the International Wildland-Urban Interface Code, the Northern Nevada Fire Code Amendments, and Northern Nevada Wildland-Urban Interface Code Amendments. (Dave Ruben, druben@carson.org) 

Staff Summary: The proposed language would modify the text of the Carson City Municipal Code by adopting the latest version (2018) of the International Fire Code and the International Wildland-Urban Interface Code together with the Northern Nevada Fire Code Amendments and the Northern Nevada Wildland-Urban Interface Amendments to form the basis for the City’s fire code.  The proposed changes would become effective January 1, 2019. 

16.    Library

 16.A   Presentation Only: Presentation and update regarding 2018 activities of the Carson City Library. (Sena Loyd, sloyd@carson.org)

Staff Summary: Sena Loyd, Library Director will provide a presentation and update of 2018 activities.

 16.B   Presentation Only: Presentation and update regarding FY19 activities of the Special Library Services Program for Economic Development at Adams Hub for innovation. (Valerie Cauhape, vcauhape@carson.org)

Staff Summary: Valerie Cauhape, Business Development Manager of the Special Library Services Program for Economic Development, will provide a presentation and update of FY19 activities.

17.    Public Works

 17.A   For Possible Action: To adopt a resolution adopting the Carson River Watershed Regional Floodplain Management Plan 2018. (Ed James and Debbie Neddenriep, Carson Water Subconservancy District, edjames@cwsd.org) 

Staff Summary:  The Carson River Watershed Regional Floodplain Management Plan 2018 is a complete revision to the previously adopted 2008 plan and 2013 supplemental update.  The goal of the 2018 plan is to provide information and suggested actions to reduce flood risks throughout the watershed.    

18.    Recess as the Board of Supervisors

Redevelopment Authority

19.    Call to Order & Roll Call - Redevelopment Authority

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 - October 4, 2018

22.    Community Development 

 22.A   For Possible Action: To adopt a resolution amending and superseding Resolution 2017-RAR-1 and 2017-R-1 to continue the Carson City Redevelopment Façade Improvement Program for Redevelopment Project Areas 1 and 2 and to revise provisions related to project eligibility requirements. (Lee Plemel, lplemel@carson.org)   Late Material

Staff Summary: The Façade Improvement Program was established in 2016 to provide assistance to property owners of commercial properties within Redevelopment Areas 1 and 2 with certain façade improvements. The program provides a matching grant to property owners, up to $25,000 per property, for certain façade improvements. The Redevelopment Authority and Board of Supervisors may make amendments regarding modifications to eligible properties, eligible improvements, or other recommendations regarding modifications to the Façade Improvement Program guidelines. 

22.B   For Possible Action: To make a recommendation to the Board of Supervisors regarding the expenditure of up to $400,360 from the Fiscal Year 2019 Redevelopment Revolving Fund for the Bob Boldrick Theater rehabilitation project. (Lee Plemel, lplemel@carson.org) Late Material

Staff Summary: The Redevelopment Authority allocated $247,996 in the FY 2019 budget for the Bob Boldrick Theater (Community Center) rehabilitation project, with direction from the Board of Supervisors to include the option of using any roll-forward funds from the prior years' budget for the project. Upon completion of the FY 2018 audit, an additional $152,364 is available from the Redevelopment Revolving Fund and not allocated to other projects at this time, for a total available of up to $400,360 for this project. The project will replace the theater seats and make other improvements to refurbish the theater interior. The Redevelopment Authority must make a recommendation to the Board of Supervisors regarding the authorization of any expenditure from the Redevelopment Revolving Fund that is incidental to the carrying out of the Redevelopment Plan.
 
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 Redevelopment Authority

25.    Reconvene as the Board of Supervisors

26.    Community Development - Planning


 26.A   For Possible Action: To adopt a Resolution authorizing the expenditure of up to $400,360 from the Fiscal Year 2019 Redevelopment Revolving Fund for the Bob Boldrick Theater rehabilitation project as an expense incidental to the carrying out of the Redevelopment Plan. (Lee Plemel, lplemel@carson.org) 

PURSUANT TO NRS 279.628, THIS RESOLUTION MUST BE ADOPTED BY A TWO-THIRDS VOTE OF THE BOARD OF SUPERVISORS.

Staff Summary: The Redevelopment Authority allocated funds in the FY 2019 budget for the Bob Boldrick Theater (Community Center) rehabilitation project. The project will replace the theater seats and make other improvements to refurbish the theater interior. 

NRS 279.628 permits the expenditure of money from the Redevelopment Revolving Fund for the purpose of any expenses necessary or incidental to the carrying out of Redevelopment Plans. 

27.    Purchasing and Contracts

 27.A   For Possible Action: To determine that K7 Construction, Inc., is the lowest responsive and responsible bidder pursuant to NRS Chapter 338 and to award Contract No. 1819-129 Bob Boldrick Theater Project, for a total not to exceed amount of $232,028.00. (Carol Akers, CAkers@carson.org and Jennifer Budge, JBudge@carson.org)

Staff Summary:  This contract is for all labor, materials, tools and equipment necessary for the Bob Boldrick Theater Project.  The project includes but is not limited to wall carpet replacement, new concrete platform expansion for wheelchair seating, acoustical panel retrofits, concrete floor finishing, interior painting, metal railing installation and electrical work for aisle seat lighting. Contract being awarded is for $210,934.00 and a contingency amount of $21,094.00, to be funded from the Quality of Life Fund Account, Redevelopment Account and Capital Project Construction Account as approved in the FY19 budget.  

 27.B   For Possible Action: To approve the purchase of one new Type 1 Fire Engine and one new Tractor Drawn Aerial Apparatus (Ladder Truck) for the Carson City Fire Department, utilizing cooperative purchasing contract No. FS12-17 with H-GAC Buy for a not to exceed amount of $1,853,041.22. (Carol Akers, cakers@carson.org; Zach Good, zgood@carson.org and Sean Slamon, sslamon@carson.org)  Late Material

Staff Summary:  The Carson City Fire Department is looking to purchase one new Type 1 Engine and one new Tractor Drawn Aerial Apparatus (Ladder Truck) from the Houston-Galveston Area Council (H-GAC) Buy program No. FS12-17 through Superior Equipment, an authorized dealer for Pierce Manufacturing. The City will exercise the discount for multiple orders and prepayment discount offered in this purchasing agreement.

*28.    Sheriff

  *28.A   For Possible Action:  To approve a Lease Agreement pursuant to NRS 277.050 between the Carson City Sheriff's Office (CCSO) as the Lessor and the State of Nevada's Public Works Division as the Lessee and the Department of Public Safety's Nevada Highway Patrol (NHP) as the Tenant. (Jerome Tushbant, JTushbant@carson.org)

Staff Summary:   NHP currently occupies 2,330 square feet of space in the CCSO facility.  The CCSO and the NHP wish to continue this space sharing relationship and the NHP, under the Lease Agreement, would pay the CCSO $2,563.00 per month ($1.10/square foot) in rent from December 1, 2018 to November 30, 2019; $2,679.50 per month ($1.15/square foot) in rent from December 1, 2019 to June 30, 2020; $2,796.00 per month ($1.20/square foot) in rent from July 1, 2020 to June 30, 2021; and $2,912.50 per month ($1.25/square foot) in rent from July 1, 2021 to June 30, 2022.  The Lease Agreement will expire on November 30, 2018 unless renewed.  Current provisions allow for this contract to be retroactive to December 1, 2018.

  *28.B   For Possible Action:  To adopt Bill No. 120, on second reading, an ordinance revising provisions governing national background checks for certain business license applicants.  (Sheriff Ken Furlong, kfurlong@carson.org)

 Staff Summary:  This ordinance revises Chapter 4.03 of Title 4 of the Carson City Municipal Code (CCMC) to make revisions to existing provisions establishing fingerprinting requirements to conduct a national background check for certain business license applicants.  For compliance with federal Public Law 92-544 and as required by the Compliance Unit of the Nevada Criminal Justice Information System (NCJIS), certain amendments to the existing provisions of CCMC relating to fingerprinting for background checks were necessary for continued access to criminal history record information.  Based on correspondence from the NCJIS Compliance Unit, the proposed ordinance as currently drafted would qualify for such access.

29.    City Manager

 29.A   For Possible Action: Presentation of Interim City Manager’s progress report on City initiatives and strategic planning and to direct the District Attorney’s Office to prepare an employment contract for approval by the Board of Supervisors to appoint Nancy Paulson as the City Manager beginning January 4, 2019. (Nancy Paulson, npaulson@carson.org)

Staff Summary:  The Interim City Manager will present an update on current City initiatives, accomplishments made on City strategic goals, plans for future goals and objectives and strategies for the accomplishment of such goals.  Additionally, a request is being made for the Board to direct the District Attorney’s Office to prepare an employment contract to appoint Nancy Paulson as the City Manager beginning January 4, 2019.

30.    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

-- LUNCH BREAK - RETURN - 1:30 P.M. --

31.    City Manager

 31.A   For Possible Action: To appoint four members to the 9-1-1 Surcharge Advisory Committee, two positions each to fill unexpired terms that will expire on December 31, 2019, and two positions each to fill full terms that will expire December 31, 2020.  (Nancy Paulson, npaulson@carson.org)

Staff Summary: Pursuant to NRS 244A.7645, CCMC 4.05.030 creates a six member advisory committee called the “9-1-1 Surcharge Advisory Committee.”  Denise Stewart occupies a general public position and is seeking reappointment. New applications were submitted by Catherine Heath, Mary Katherine Durbin and Daniel Mckeehan. 

 31.B   For Possible Action: To appoint two members to the Carson City Audit Committee, each for a term that expires on December 31, 2020. (Nancy Paulson, npaulson@carson.org)

Staff Summary: CCMC 2.14.030 provides for a five-member Audit Committee, one member from the Board of Supervisors and four members from the citizen-at-large. There are two vacancies for citizen-at-large positions due to expiration of terms. Stephen Ferguson and Ernie Mayhorn are seeking reappointment. New applications were submitted by Frank Roide and Alexander Jaacovi.

-- TIME SPECIFIC - 3:00 P.M. --

32.    Community Development

 32.A   For Possible Action: Show cause hearing and Board determination whether to suspend, cancel or revoke Business License No. 6629, issued to Ann Sullivan, owner of Capital City Liquidators, located at 3390 S. Carson Street, for continued operation of the business in violation of the Carson City Municipal Code, pursuant to CCMC 4.04.210(1).  (Lee Plemel, lplemel@carson.org)

Staff Summary: The Carson City Code Enforcement Division initiated code compliance actions regarding the subject business on November 5, 2015, for unscreened outside storage and outside storage that exceeds the permitted area (20% of the site area) on property zoned Retail Commercial without a Special Use Permit. The business has continued to violate the City's outside storage requirements and has expanded the outside storage areas since the first notice was given. The Carson City Municipal Code Section 4.04.210 establishes the process for suspending, canceling or revoking a business license based on "good cause," which includes acts prohibited by City ordinance. Staff is recommending the Board revoke the subject business license.

33.    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.

34.    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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