City Council Committee

CITY OF HENDERSON CITY COUNCIL MINUTES COMMITTEE MEETING September 3, 2013 I. CALL TO ORDER Mayor Hafen called the Committee Meeting to order at 6:50 p.m., in the City Council Chambers, City Hall, 240 Water Street, Henderson, Nevada 89015. II. CONFIRMATION OF POSTING AND ROLL CALL The City Clerk confirmed the Committee Meeting had been noticed in compliance with the Open Meeting Law by posting the Agenda three working days prior to the meeting at City Hall, the Multigenerational Center, the Whitney Ranch Recreation Center, and Fire Station No. 86, and by mailing a copy of the Agenda to everyone appearing thereon on the Agenda Master Mailing List. Present: Andy Hafen, Mayor Sam Bateman, Councilman Debra March, Councilwoman John F. Marz, Councilman Gerri Schroder, Councilwoman Absent: None Officers: Jacob Snow, City Manager Josh Reid, City Manager Sabrina Mercadante, City Clerk Absent: None Staff: Robert Murnane, Public Works Director Stephanie Garcia-Vause, Director of Community Development and Services Richard Derrick, Chief Financial Officer Amber Ellis, Council and Commission Services Coordinator Tedie Jackson, Minutes Clerk Mayor Hafen announced that this meeting is being video recorded and streamed live to the Web. Henderson City Council Committee Meeting Page 2 of 5 September 3, 2013 – Minutes III. ACCEPTANCE OF AGENDA (Motion) Mayor Andy Hafen moved to accept the agenda as presented. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. IV. ITEMS OF BUSINESS C-1 BILL NO. 2771 AMEND HENDERSON MUNICIPAL CODE 2.40 ETHICAL STANDARDS FOR PUBLIC SERVANTS CITY ATTORNEY'S OFFICE Jacob Snow, City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 2.40 - ETHICAL STANDARDS FOR PUBLIC SERVANTS - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. Josh Reid, City Attorney, reported the following change that was made since this item was read into title. Section 2.40.150, Ethics orientation, in the first sentence, after “day,” remove “of their appointment” and replace it with “take their oath of office.” Responding to a question by Mayor Hafen regarding the change for attorneys, Mr. Reid explained that the City is creating a local ethics committee as allowed by state law. He said this committee will consist of one elected official, one member of the Council, and three senior staff members. Mr. Reid explained that the Ethics Code that was passed a year ago states that attorneys who are employees of the city cannot have an outside practice. He added that this also applies to attorneys who are not members of the City Attorney's Office. He believes this issue should be further discussed by the City Ethics Committee to determine liability concerns. Mr. Reid said the main purpose of the City Ethics Committee is to approve advisory opinions. The City Attorney's Office would draft and research an issue and provide a recommendation to the City Ethics Committee. He stated that the City Ethics Committee would need to approve the advisory opinion before the decision is provided to the employee or board member who asked for the opinion. Henderson City Council Committee Meeting Page 3 of 5 September 3, 2013 – Minutes Mr. Reid said state law protects those committee actions from the Open Meeting Law so the City Ethics Committee meetings will not be a public meeting. He noted that these meetings will be held on an as-needed basis as opinions are requested. Mr. Reid pointed out that the legislature does not allow the committee to meet on enforcement matters outside of the Open Meeting Law so enforcement provisions would still be handled by the City Attorney’s Office. (Motion) Councilman Sam Bateman moved to refer Bill No. 2771 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. C-2 BILL NO. 2773 AMEND HENDERSON MUNICIPAL CODE CHAPTER 2.100 REGISTRATION AND REGULATION OF LOBBYISTS CITY ATTORNEY'S OFFICE Jacob Snow, City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND CHAPTER 2.100 – REGISTRATION AND REGULATION OF LOBBYISTS - OF THE HENDERSON MUNICIPAL CODE AND MATTERS PROPERLY RELATED THERETO. Josh Reid, City Attorney, reported the following minor amendment since this bill was read into title. Section 2.100.020 E2, remove the comma after the word “administrative” and replace with “or,” and after the word “clerical” add the sentence “and are not intended to influence legislative action for decisions made by City staff, the City Council, or the Planning Commission.” He said the purpose of this change is to clarify a reportable and non-reportable communication by registered lobbyists. Mr. Reid reported a second amendment since this bill was read into title: Section 2.100.040, Licensed Attorneys, remove the following language after the word “present”: unless they have received the written consent of the city attorney pursuant to Rule 4.2 of the Nevada Supreme Court Rules of Professional Conduct” and replace with “if the lobbyist has received instruction from the City Attorney’s Office not to do so on a particular matter.” He said the purpose of this amendment is to make it more manageable for staff in the City Attorney's Office. Henderson City Council Committee Meeting Page 4 of 5 September 3, 2013 – Minutes Mr. Reid noted that other amendments in the lobbyist ordinance include conforming changes for the cooling-off period so they match with the Ethics Code. (Motion) Councilman Sam Bateman moved to refer Bill No. 2773 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. C-3 BILL NO. 2774 AMEND HENDERSON MUNICIPAL CODE TITLE 13 STORMWATER REGULATIONS CITY ATTORNEY'S OFFICE / DEPARTMENT OF UTILITY SERVICES Jacob Snow, City Manager, introduced and read this Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND TITLE 13 – STORMWATER REGULATIONS - OF THE HENDERSON MUNICIPAL CODE REMOVING IRRELEVANT SECTIONS AND MATTERS PROPERLY RELATED THERETO. (Motion) Councilman Sam Bateman moved to refer Bill No. 2774 to the Regular Meeting with a do-pass recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. V. PUBLIC COMMENT There were no comments presented by the public. VI. ADJOURNMENT There being no further business to come before the Council, Mayor Hafen, in concurrence with the Council, adjourned the Committee Meeting at 7:01 p.m. Henderson City Council Committee Meeting Page 5 of 5 September 3, 2013 – Minutes PASSED AND ADOPTED THIS 17th DAY OF SEPTEMBER, 2013. ______________________ Andy Hafen Mayor ATTEST: ________________________ Sabrina Mercadante, MMC City Clerk