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10-05-17 Agenda with Supporting Materials

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

Day:         Thursday
Date:         October 5, 2017
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 - September 7, 2017

7. For Possible Action: Adoption of Agenda

8. Special Presentations


8.A Presentation of a proclamation for National 4-H Week, October 1 - 7, 2017. (Lindsay Chichester)

8.B Presentation of a proclamation for Fire Prevention Week 2017. (Sean Slamon, sslamon@carson.org)

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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9. Finance

9.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 September 22, 2017 per NRS 251.030 and NRS 354.290. (Nancy Paulson, npaulson@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: To authorize staff to pursue all possible avenues to effectuate the sale of Carson City's interest in Water Permit 36079 (Certificate 11627), located in Washoe Valley totaling 8.62 acre feet, and for the highest dollar amount possible. (Stephanie Hicks; SHicks@carson.org)

Staff Summary: Following the Board's motion in May of 2017 to proceed with the sale of Carson City's interest in Water Permit 36079 (Certificate 11627), located in Washoe Valley totaling 8.62 acre feet, staff advertised and posted the bid on August 24, 2017, through Carson City's online bid management system. The sale was advertised for a minimum bid amount of $50,000, the appraised value of the water rights. On September 21, 2017, only one bid received was for the amount $25,000. Staff is requesting the flexibility to pursue all possible avenues to effectuate the sale in order to obtain the highest possible purchase price for the City.

10.B For Possible Action: To adopt a resolution adopting and approving a Joint Funding Agreement for a Cooperative Water-Resource Monitoring Program with the U.S. Geological Survey with a cost to Carson City of $52,370. (David Bruketta, dbruketta@carson.org)

Staff Summary: Approval of this resolution allows Public Works to continue receiving critical stream flow data which is essential to plan and monitor the conjunctive use program and maintain compliance with the Alpine Decree.

11. Parks and Recreation

11.A For Possible Action: To approve the submission of a Recreational Trails Program grant application by the Parks, Recreation & Open Space Department for phase 1 of rehabilitation of the path system in Long Ranch Park. (Jennifer Budge, jbudge@carson.org)

Staff Summary: The Nevada Division of State Parks is requesting grant applications for the Recreational Trails Program (RTP). This program is funded with federal dollars from the Federal Highway Administration (FHWA) and has $1,250,000 available. Applications are due no later than October 26, 2017.

12. Purchasing and Contracts

12.A For Possible Action: To approve Contract No. 1718-084; Clinical Treatment & Counseling Services for Justice/Municipal Court and 1718-085 for Juvenile Court & Juvenile Services with Community Counseling Center (CCC) for a not to exceed annual amount of $86,800 and $37,000 respectively through June 30, 2018 to be funded from several court funds. These are professional services contracts and therefore not suitable for public bidding pursuant to NRS 332.115(1)(b). (Laura Rader, Lrader@carson.org, Ali Banister, Abanister@carson.org, and Max Cortes, Mcortes@carson.org)

Staff Summary: The Justice/Municipal Court Judges order adult offenders who are participating in the Misdemeanor Treatment Court or Mental Health Court (Specialty Courts) to attend counseling at the Community Counseling Center (CCC). Treatment services are essential and critical components of these programs. CCC provides additional services by attending court hearings and being members of the Specialty Court Teams. As team members, they provide information with respect to participant’s compliance, progress, and recommended treatment plans. Additionally, they also assist with the coordination of the Specialty Court programs.

12.B For Possible Action: To approve Contract No. 1718-090; Legal Services with Washoe Legal Services for a not to exceed annual amount of $105,000 through September 30, 2020 to be funded from the Courts Department in the General Fund. These are professional services contracts and therefore not suitable for public bidding pursuant to NRS 332.115(1)(b). (Laura Rader, Lrader@carson.org and Max Cortes, Mcortes@carson.org)

Staff Summary: During the 2017 Legislative session, the Legislature passed SB 433 and SB 305 unfunded mandates. SB 433, effective July 1, 2017, amended NRS 159.0485. The law requires the Courts to appoint attorneys for protected persons in adult guardianship cases. SB 305, effective October 1, 2017, amended NRS 432B.420 and NRS 128.100. The law requires the Courts to appoint attorneys for children in abuse and neglect court cases as well as termination of parental rights court cases.

13. Sheriff

13.A For Possible Action: To approve the submittal and receipt of the 2017 Edward Byrne Memorial Justice Assistance Grant which is allocated through the United States Department of Justice Bureau of Justice Assistance for the Carson City Sheriff's Office Cops and Kids Prevention Services totaling $11,857.00. (Sheriff Furlong, kfurlong@carson.org)

Staff Summary: The Carson City Sheriff's Office is seeking approval from the Board of Supervisors for the above captioned grant to provide supplemental funds for the Cops and Kids Prevention Services - including D.A.R.E., Character Counts, National Night Out, Cops and Kids Sheriff's Open House, Red Ribbon Campaign, Halloween Safety, etc. It is a local solicitation allocated by the federal government. This year the amount of funds for which could be applied is $11,857.00. This matter is being presented to the Board of Supervisors because it requires Public Comment and approval from our local governing body.

(End of Consent Agenda)

Ordinances, Resolutions, and Other Items

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

15. Carson City Airport Authority


15.A For Possible Action: To approve the amendments to extend the airport lease between the Carson City Airport Authority and the Byard Family Trust. (Steve Tackes)

Staff Summary: On September 20, 2017, the Carson City Airport Authority approved a lease amendment identical to other lease amendments approved by the Board of Supervisors on Jan 5, 2017 as regards aircraft storage only hangar leases. The Amendment negotiated with the tenant is based on a current appraisal and resets the term of the 50 year lease, raises the base rental rate to the appraised value, plus CPI increases going forward with a reset option at 10 year intervals, requires additional investment in the property, and requires the tenant to pay $14,306.95 as an opportunity cost payment to be used for Airport project expenses. Pursuant to NRS 844, real property leases at the Airport must also be approved by Carson City.

16. Community Development - Planning

16.A For Possible Action: To adopt Bill No. 124, on second reading, an ordinance relating to marijuana; amending Title 18 (Zoning) of the Carson City Municipal Code to establish various provisions to allow marijuana retail stores as a conditional use within the General Commercial and General Industrial zoning districts located within certain areas of Carson City; to establish various provisions to allow marijuana cultivation establishments, marijuana product manufacturing establishments, marijuana testing laboratories and marijuana distributors as a conditional use within the General Industrial and General Industrial Airport zoning districts located within certain areas of Carson City; and to revise certain provisions relating to development standards concerning land use and site design governing medical marijuana establishments to include marijuana establishments. (Lee Plemel, lplemel@carson.org) Late Material

Staff Summary: The Board of Supervisors gave direction to staff to draft zoning regulations for recreational marijuana establishments or “marijuana establishments” that generally follow the current zoning regulations for medical marijuana establishments. The proposed ordinance would implement such regulations by amending applicable sections of Title 18, Zoning, Section 18.03 (Definitions), 18.04 (Use Districts), 18.04.135 (General Commercial), 18.04.150 (General Industrial), 18.04.152 (General Industrial Airport), and Title 18 Development Standards, Division 1.20 (Medical Marijuana Establishments and Marijuana Establishments).

16.B For Possible Action: To adopt Bill No. 125, on second reading, an ordinance relating to marijuana; amending Title 4 (Licenses and Business Regulations) to establish various provisions for the issuance of a business license to operate as a marijuana cultivation facility, marijuana product manufacturing facility, marijuana distributor or marijuana retail store; to repeal various other provisions relating to the issuance of a temporary business license to operate as a marijuana establishment; and to repeal provisions establishing a moratorium on the acceptance of applications for a business license to operate as a marijuana establishment. (Lee Plemel, lplemel@carson.org) Late Material

Staff Summary: The Board of Supervisors gave direction to staff to draft regulations for recreational marijuana establishments or “marijuana establishments” that generally follow the current zoning regulations for medical marijuana establishments. The proposed ordinance would implement business license fees in accordance with those permitted by SB 487 enacted by the 2017 Nevada Legislature, which would be 3% of all gross revenues collected by marijuana establishments. The proposed ordinance would amend the applicable sections of Title 4 (Licenses and Business Regulations), Chapter 4.04 (Business Licenses).

17. Public Works

17.A For Possible Action: To approve submittal of a grant application to the U.S. Department of Transportation for Transportation Investment Generating Economic Recovery (TIGER) discretionary grant funding for the South Carson Street Complete Streets project. (Lucia Maloney, LMaloney@carson.org)

Staff Summary: The Public Works Department is seeking approval from the Board of Supervisors to submit a grant application to the U.S. Department of Transportation for TIGER discretionary grant funding for the South Carson Street Complete Streets project. The City's grant policy requires any grant application over $50,000 be approved by the Board of Supervisors prior to a grant application submittal by City staff.

17.B For Possible Action: Action to find that the proposed ordinance amending the Carson City Municipal Code, Title 12 - Water, Sewerage and Drainage, Chapter 12.17.040 - Service Charge Rates by increasing the monthly rate by 30 percent for each property classification does impose a direct and significant economic burden on a business or directly restrict formation, operations or expansion of a business, that a Business Impact Statement has been prepared in compliance with NRS 237, and is on file with the Board of Supervisors. (David Bruketta, dbruketta@carson.org)

Staff Summary: This ordinance proposes an increase to storm water rates. It would increase each property classification defined in the Municipal Code, Chapter 12.17.040, by 30 percent. The additional revenue generated from the increase would provide funding to pay for debt service on a storm water general obligation bond and provide annual revenue to support storm water maintenance functions. NRS 237.080 requires that the City prepare a Business Impact Statement when an increase in a fee is contemplated.

17.C For Possible Action: To introduce, on first reading, an ordinance amending Title 12 of the Carson City Municipal Code to increase the rate of storm water service charges levied upon all developed real property located within Carson City; to revise provisions establishing the procedure by which to protest storm water service charges and fees; and to make non-substantive changes to provide technical, grammatical and structural corrections for legal clarity. (David Bruketta, dbruketta@carson.org)

Staff Summary: This will be the first reading of an ordinance that proposes to increase the storm water service charge by 30 percent to pay for the debt service on a storm water bond, to revise the protest procedure to require that a person who appeals the determination made by the Director to the Board has to be provided written notification of the date of the appeal at least 10 days before the hearing, and to amend Chapter 12.17 to remove or amend words, term and NRS references that have been modified or no longer exist.

18. Finance

18.A For Possible Action: To adopt Bill No. 123, on second reading, an ordinance of the Board of Supervisors of Carson City, Nevada providing for the issuance of General Obligation (Limited Tax) Sewer Bonds (Additionally Secured by Pledged Revenues), Series 2017B, in the maximum principal amount of $6,000,000; and providing the form, terms and conditions thereof and covenants relating to the payment of said bonds. (Nancy Paulson, npaulson@carson.org)

Staff Summary: This ordinance will authorize the issuance of the Carson City, Nevada, General Obligation (Limited Tax) Sewer Bonds (Additionally Secured by Pledged Revenues), Series 2017B. The Board of Supervisors of the City has determined and hereby declares that the public interest, health and welfare necessitates making certain improvements to the Utility System by acquiring, constructing, improving and equipping facilities pertaining to the Utility System.

19. City Manager

19.A For Possible Action: To appoint one member to the Nevada Commission for the Reconstruction of the V&T Railway from among the members of the Carson City Board of Supervisors or who is a designee of the Board of Supervisors, pursuant to Section 3 of the Nevada Commission for the Reconstruction of the V&T Railway Act of 1993, as amended by Senate Bill No. 57 from the 2017 Legislative Session. (Nick Marano, NMarano@carson.org)

Staff Summary: As amended the Commission must be composed of five Commissioners as follows: (a) One member appointed by the Board of Supervisors of Carson City from among its members or who is a designee of the Board of Supervisors of Carson City; (b) One member appointed by the Board of County Commissioners of Storey County from among its members or who is a designee of the Board of County Commissioners of Storey County; (c) One member appointed by the Board of the Carson City Convention and Visitors Bureau from among its members or who is a designee of the Board; (d) One member appointed by the Virginia City Tourism Commission from among its members or who is a designee of the Commission; and (e) One member appointed by the Governor.

20. 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

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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