City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING December 20, 2011 I. CALL TO ORDER Mayor Hafen called the Regular Meeting to order at 7:07 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 Regular 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: Mayor Andy Hafen Councilmembers: Sam Bateman Debra March Gerri Schroder Kathleen Vermillion Absent: None Officers: Mark Calhoun, City Manager Sabrina Mercadante, City Clerk Absent: Christine Guerci-Nyhus, Interim City Attorney Staff: Terri Williams, Assistant City Attorney II Bob Murnane, Public Works Director Michael Tassi, Current Planning Manager Richard Derrick, Finance Director Tedie Jackson, Minutes Clerk Jonathon Nunes, Council and Commission Service Coordinator Guest: Ashley Seda, UNLV student III. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Michael Tassi, City of Henderson employee, and was followed by the Pledge of Allegiance. Mayor Hafen recognized Senator Mark Manendo in the audience. Henderson City Council Regular Meeting Page 2 of 29 December 20, 2011 - Minutes IV. ACCEPTANCE OF AGENDA (Motion) Councilman Sam Bateman moved to accept the Agenda as amended: NB-39, please note a correction to the agenda item backup changing the submission date of Councilwoman Vermillion’s resignation to December 6, 2011, effective January 3, 2012. NB-42, please note that the bill number is 2658 and the recommendation should state “refer to the Committee Meeting of January 3, 2012.” The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. V. PRESENTATIONS PR-1 PRESENTATION COMMUNITY PRIDE AWARD KERI COLEMAN AND JOHN BLYTHE, SAGUARO POWER CO. PARKS AND RECREATION Presentation of the Commemorative Beautification Commission's Community Pride Award to Saguaro Power. Keri Coleman and John Blythe, representing Saguaro Power Company, will be presented with the award by the Mayor and City Council on behalf of the Commemorative Beautification Commission. (Action) City Manager Calhoun read the presentation recognizing the Commemorative Beautification Commission's Community Pride Award for Saguaro Power, which was presented to Keri Coleman and John Blythe by the Mayor and City Council, on behalf of the Commemorative Beautification Commission. VI. CONSENT AGENDA (Motion) Councilwoman Debra March moved to concur in the recommendation of staff and approve the Consent Agenda. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 3 of 29 December 20, 2011 - Minutes CA-2 MINUTES CITY COUNCIL COMMITTEE AND REGULAR MEETINGS DECEMBER 6, 2011 CITY CLERK’S OFFICE City of Henderson City Council Committee and Regular Meeting Minutes of December 6, 2011. (Motion) Councilwoman Debra March moved to adopt the Committee and Regular Meeting Minutes of December 6, 2011. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-3 CASH REQUIREMENTS REGISTER OCTOBER 31, 2011 THROUGH DECEMBER 4, 2011 FINANCE DEPARTMENT Cash requirements register for the period of October 31, 2011, through December 4, 2011, in the amount of $22,031,949.74. (Motion) Councilwoman Debra March moved to approve the Cash Requirements Register for the period of October 31, 2011, through December 4, 2011, in the amount of $22,031,949.74. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-4 SERVICES AND SOLUTION AGREEMENT XEROX CMTS NO. 123-12-08 COMMUNICATIONS AND COUNCIL SUPPORT/DEPARTMENT OF INFORMATION TECHNOLOGY Services and Solution Agreement between the City of Henderson and Xerox to purchase printers and provide equipment support and printer supplies maintenance services. Henderson City Council Regular Meeting Page 4 of 29 December 20, 2011 - Minutes (Motion) Councilwoman Debra March moved to approve the Services and Solution Agreement between the City of Henderson and Xerox to purchase printers and provide equipment support and printer supplies maintenance services. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-5 AGREEMENT TRANSFER OF LAKE LAS VEGAS LIFT STATIONS DEPARTMENT OF UTILITY SERVICES Lake Las Vegas Lift Stations Easement and Transfer Agreement between the City of Henderson, Lake Las Vegas Joint Venture LLC, and the Lake Las Vegas Southshore Residential Community Association, Inc., to ensure consistency in wastewater operations and maintenance, and ensure public health and safety. (Motion) Councilwoman Debra March moved to approve the Lake Las Vegas Lift Stations Easement and Transfer Agreement. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-6 AMENDMENT NO. 1 TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT THE LAKE MEAD PARKWAY TRAIL AND WETLANDS TRAIL PHASE II PROJECT CMTS NO. 131-12-PR-172-002 PARKS AND RECREATION, PUBLIC WORKS DEPARTMENT Amendment No.1 to the Professional Engineering Services Agreement between the City of Henderson and Atkins North America, Inc., in the amount of $240,175.45, for engineering design services for the Lake Mead Parkway Trail and Wetlands Trail Phase II Project, and authorize the City Manager to execute the agreement for the City. Henderson City Council Regular Meeting Page 5 of 29 December 20, 2011 - Minutes (Motion) Councilwoman Debra March moved to approve Amendment No.1 to the Professional Engineering Services Agreement with Atkins North America, Inc. in the amount of $240,175.45 for engineering design services for Contract No. 131-12-PR-172-002, the Lake Mead Parkway Trail and Wetlands Trail Phase II Project, and authorize the City Manager to execute the agreement for the City. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-7 AWARD OF CONTRACT ARROYO GRANDE PARK RENOVATION PROJECT CMTS NO. 131-11-PR-166-002 PUBLIC WORKS DEPARTMENT Award Contract No. 131-10-PR-166-002, the Pittman Wash Arroyo Grande Park and Pittman Urban Watershed Recreational Trails Projects (aka Arroyo Grande Park Renovation Project), to APCO Construction, in the amount of (Motion) Councilwoman Debra March moved to award Contract No. 131-10-PR-166-002, the Pittman Wash Arroyo Grande Park and Pittman Urban Watershed Recreational Trails Projects (aka Arroyo Grande Park Renovation Project) to APCO Construction in the amount of $4,840,854.05, and authorize the City Manager to execute the contract for the City. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-8 AWARD OF CONTRACT CITY OF HENDERSON PLAYGROUND SURFACING PROJECT - FY 2012 CMTS NO. 411-12-PKS-007 PARKS AND RECREATION Award of Contract No. 411-12-PKS-007, City of Henderson Playground Surfacing Project - FY 2012, in the amount of $62,158.22, to SYNLawn. Henderson City Council Regular Meeting Page 6 of 29 December 20, 2011 - Minutes (Motion) Councilwoman Debra March moved to award Contract No. 411-12-PKS-007, the City of Henderson Playground Surfacing Project - FY 2012, in the amount of $62,158.22 to SYNLawn, and authorize the City Manager to execute the contract for the City and authorize the Director and/or her designee to execute associated change orders within the approved project budget. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-9 AWARD OF CONTRACT PITTMAN WASH TRAIL IMPROVEMENT PROJECT CMTS NO. 131-11-PR-166-004 PUBLIC WORKS DEPARTMENT Award Contract No. 131-10-PR-166-004, the Pittman Wash Arroyo Grande Park and Pittman Urban Watershed Recreational Trails Projects (aka Pittman Wash Trail Improvement Project), to Tand, Inc., in the amount of $2,239,570.18, and authorize the City Manager to execute the contract for the City. (Motion) Councilwoman Debra March moved to award Contract No. 131-10-PR-166-004, the Pittman Wash Arroyo Grande Park and Pittman Urban Watershed Recreational Trails Projects (aka Pittman Wash Trail Improvement Project), to Tand, Inc., in the amount of $2,239,570.18, and authorize the City Manager to execute the contract for the City. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-10 AUTHORIZATION TO SOLICIT BIDS PURCHASE OF ENERGY EFFICIENT INTERSECTION LIGHTING CMTS NO. 131-11-TE-001 PUBLIC WORKS DEPARTMENT Request by the Public Works Department to solicit bids for the purchase of energy efficient intersection lighting within the City of Henderson as per the State Energy Program American Recovery and Reinvestment Act (SEP ARRA) Sub-Grant Agreement, in the amount of $411,600.00. Henderson City Council Regular Meeting Page 7 of 29 December 20, 2011 - Minutes (Motion) Councilwoman Debra March moved to approve the request by the Public Works staff to solicit bids for the purchase of energy efficient intersection lighting within the City of Henderson as per the State Energy Program American Recovery and Reinvestment Act (SEP ARRA) Sub-Grant Agreement, in the amount of $411,600.00. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-11 FIRST SUPPLEMENTAL INTERLOCAL CONTRACT PITTMAN WEST HORIZON—PALM HILLS PROJECT HEN12I09, DESIGN CMTS NO. 131-10-FC-088-001 PUBLIC WORKS DEPARTMENT First Supplemental Interlocal Contract between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) for Pittman West Horizon—Palm Hills, Project HEN12i09 Design, to extend the completion date of the project to December 31, 2014, to allow for completion of the project design and preparation of the improvement plans. (Motion) Councilwoman Debra March moved to approve the First Supplemental Interlocal Contract between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) for Pittman West Horizon—Palm Hills, Project HEN12i09 Design, to extend the completion date of the project to December 31, 2014, to allow for completion of the project design and preparation of the improvement plans. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-12 FIRST SUPPLEMENTAL INTERLOCAL CONTRACT CENTER STREET STORM DRAIN PROJECT HEN23A09, DESIGN CMTS NO. 131-10-FC-086-001 PUBLIC WORKS DEPARTMENT First Supplemental Interlocal Contract between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) for the Center Street Storm Drain, Project HEN23A09 Design, to extend the completion date of the project interlocal to December 31, 2015, to allow for completion of the project design. Henderson City Council Regular Meeting Page 8 of 29 December 20, 2011 - Minutes (Motion) Councilwoman Debra March moved to approve the First Supplemental Interlocal Contract between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) for the Center Street Storm Drain, Project HEN23A09 Design, to extend the completion date of the project interlocal to December 31, 2015, to allow for completion of the project design. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-13 FIRST SUPPLEMENTAL INTERLOCAL CONTRACT C-1 FOUR KIDS WASH—LAKE MEAD TO EAGLE ROCK PROJECT HEN04O09, DESIGN CMTS NO. 131-10-FC-090-001 PUBLIC WORKS DEPARTMENT First Supplemental Interlocal Contract between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) for the C-1 Four Kids Wash—Lake Mead to Eagle Rock, Project HEN04O09 Design, to extend the completion date of the project interlocal to December 31, 2015 to allow for completion of the project design. (Motion) Councilwoman Debra March moved to approve the First Supplemental Interlocal Contract between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) for the C-1 Four Kids Wash—Lake Mead to Eagle Rock, Project HEN04O09 Design, to extend the completion date of the project interlocal to December 31, 2015 to allow for completion of the project design. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-14 FIRST SUPPLEMENTAL INTERLOCAL CONTRACT RACETRACK CHANNEL, DRAKE TO BURKHOLDER PROJECT HEN04P09, DESIGN CMTS NO. 131-10-FC-091-001 PUBLIC WORKS DEPARTMENT First Supplemental Interlocal Contract between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) for the Racetrack Channel, Drake to Burkholder, Project HEN04P09 Design, to extend the completion date of the project interlocal to December 31, 2015, to allow for completion of the project design and preparation of the improvement plans. Henderson City Council Regular Meeting Page 9 of 29 December 20, 2011 - Minutes (Motion) Councilwoman Debra March moved to approve the First Supplemental Interlocal Contract between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) for the Racetrack Channel, Drake to Burkholder, Project HEN04P09 Design, to extend the completion date of the project interlocal to December 31, 2015, to allow for completion of the project design and preparation of the improvement plans. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-15 SECOND SUPPLEMENTAL INTERLOCAL CONTRACT PIONEER DETENTION BASIN EXPANSION AND INFLOW PROJECT HEN05D09, DESIGN CMTS NO. 131-11-FC-095-001 PUBLIC WORKS DEPARTMENT Second Supplemental Interlocal Contract between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) for the Pioneer Detention Basin Expansion and Inflow project, Project HEN05D09 Design, to extend the completion date of the project interlocal to December 31, 2014, to allow for completion of the project design. (Motion) Councilwoman Debra March moved to approve the Second Supplemental Interlocal Contract between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) for the Pioneer Detention Basin Expansion and Inflow project, Project HEN01H09 Design, to extend the completion date of the project interlocal to December 31, 2014, to allow for completion of the project design. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 10 of 29 December 20, 2011 - Minutes CA-16 THIRD SUPPLEMENTAL INTERLOCAL CONTRACT WHITNEY WASH CHANNEL PROJECT HEN07D09, DESIGN CMTS NO. 131-12-FC-122-001 PUBLIC WORKS DEPARTMENT Third Supplemental Interlocal Contract between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) for the Whitney Wash Channel, Project HEN07D09 Design, to extend the completion date of the project interlocal to December 31, 2014, to allow for completion of the project design. (Motion) Councilwoman Debra March move to approve the Third Supplemental Interlocal Contract between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) for the Whitney Wash Channel, Project HEN07D09 Design, to extend the completion date of the project interlocal to December 31, 2014, to allow for completion of the project design. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-17 THIRD SUPPLEMENTAL INTERLOCAL CONTRACT PITTMAN WASH DUCK CREEK AT I-515 PROJECT HEN01H09, DESIGN CMTS NO. 131-11-FC-128-002 PUBLIC WORKS DEPARTMENT Third Supplemental Interlocal Contract between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) for the Pittman Wash Duck Creek at I-515, Project HEN01H09 Design, to extend the completion date of the project interlocal to December 31, 2014, to allow for completion of the project design. (Motion) Councilwoman Debra March moved to approve the Third Supplemental Interlocal Contract between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) for the Pittman Wash Duck Creek at I-515, Project HEN01H09 Design, to extend the completion date of the project interlocal to December 31, 2014, to allow for completion of the project design. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 11 of 29 December 20, 2011 - Minutes CA-18 THIRD SUPPLEMENTAL INTERLOCAL CONTRACT PITTMAN WASH, UPRR TO SANTIAGO PROJECT HEN07B09, DESIGN CMTS NO. 131-11-FC-084-002 PUBLIC WORKS DEPARTMENT Third Supplemental Interlocal Contract between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) for Pittman Wash, UPRR to Santiago, Project HEN07B09 Design, to extend the completion date of the project interlocal to December 31, 2015, to allow for completion of the project design. (Motion) Councilwoman Debra March moved to approve the Third Supplemental Interlocal Contract between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) for Pittman Wash, UPRR to Santiago, Project HEN07B09 Design, to extend the completion date of the project interlocal to December 31, 2015, to allow for completion of the project design. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-19 SEVENTH SUPPLEMENTAL INTERLOCAL CONTRACT PITTMAN NORTH DETENTION BASIN AND OUTFALL PROJECT HEN16A01, DESIGN CMTS NO. 131-11-FC-034-001 PUBLIC WORKS DEPARTMENT Seventh Supplemental Interlocal Contract between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) for the Pittman North Detention Basin and Outfall, Project HEN16A01 Design, to increase funding for design engineering and extend the completion date of the project interlocal to June 30, 2015, to allow for continued monitoring of ongoing mining activities at the project site. Henderson City Council Regular Meeting Page 12 of 29 December 20, 2011 - Minutes (Motion) Councilwoman Debra March moved to approve the Seventh Supplemental Interlocal Contract between the City of Henderson and the Clark County Regional Flood Control District (CCRFCD) for the Pittman North Detention Basin and Outfall, Project HEN16A01 Design, to increase funding for design engineering and extend the completion date of the project interlocal to June 30, 2015, to allow for continued monitoring of ongoing mining activities at the project site. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-20 MEDICAL STOP LOSS INSURANCE SUN LIFE FINANCIAL CMTS NO. 137-111611 DEPARTMENT OF HUMAN RESOURCES Purchase medical stop loss insurance for the Self-Funded Medical Plan from Sun Life Financial for the period of January 1, 2012, to December 31, 2012, for an estimated premium of $644,742.00. (Motion) Councilwoman Debra March moved to approve the purchase of medical stop loss insurance from Sun Life Financial for the Self-Funded Health Insurance Plan for the period of January 1, 2012, through December 31, 2012, at an estimated cost of $644,742.00. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-21 MEDICAL INSURANCE HEALTH PLAN OF NEVADA CMTS NO. 137-113011 DEPARTMENT OF HUMAN RESOURCES Purchase medical insurance for the Self-Funded Medical Plan from Health Plan of Nevada for the period of January 1, 2012, to December 31, 2012, for an estimated premium of $565,533.00. Henderson City Council Regular Meeting Page 13 of 29 December 20, 2011 - Minutes (Motion) Councilwoman Debra March moved to approve the purchase of medical insurance from Health Plan of Nevada for the City’s Self-Funded Health Insurance Plan for the period of January 1, 2012, through December 31, 2012, in the amount of $565,533.00. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-22 WAGE ASSIGNMENTS MULTIPLE CLASSIFICATIONS DEPARTMENT OF HUMAN RESOURCES Change in wage assignment for the following classifications: Cook toTeamster Clerical Technical 437, $27.271 to $31.225/hour; Communications Operator I** to Teamster Clerical Technical 448, $30.216 to $34.595/hour; Communications Operator II** to Teamster Supervisor 482, $34.752 to $39.792/hour; Facilities Operations Technician to Teamster Blue Collar 403, $23.159 to $26.517/hour; Facilities Operations Assistant to Teamster Blue Collar 380, $20.136 to $23.056/hour; Kennel Attendant to Teamster Blue Collar 403, $23.159 to $26.517/hour; Senior Center Cook, Teamster Clerical Technical 437,$27.271 to $31.225/hour; Senior Kennel Attendant, Teamster Blue Collar 422, $25.353 to $29.029/hour; Veterinary Technician, Technical 100, $18.719 to $29.484/hour. (Motion) Councilwoman Debra March moved to change the wage assignments for multiple classifications being converted to a 38-hour workweek, effective December 26, 2011. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-23 SEIZURE FUNDING POLICE DEPARTMENT Increase in fiscal year 2012 budget authority due to additional asset forfeiture funds received. (Motion) Councilwoman Debra March moved to approve the additional funding augmentation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 14 of 29 December 20, 2011 - Minutes CA-24 GRANT AWARD BULLETPROOF VEST PARTNERSHIP CMTS NO. 211-12-2122-G0296 POLICE DEPARTMENT Acceptance of Grant Award from the Bureau of Justice Assistance and Authorization to use funds to purchase bulletproof vests for Police Officers. (Motion) Councilwoman Debra March moved to accept the grant award from the Bureau of Justice Assistance and authorize staff to utilize funds as outlined in the grant award. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-25 SURPLUS SALE: S02-12-815 "SCRAP METALS" DEPARTMENT OF UTILITY SERVICES Ratification of Surplus Sale: S02-12-815 "Scrap Metals: Water Meters, Cast-Iron Meter Box Lids and Miscellaneous Copper and Brass." (Motion) Councilwoman Debra March moved that Council approve and ratify the sale of Scrap Metals: Water Meters, Cast-Iron Meter Box Lids and Miscellaneous Copper and Brass in response to Surplus Sale S02-12-815. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-26 RIGHT OF WAY ROW-039-11 APPLICANT: NEVADA POWER COMPANY Acceptance of right-of-way for a portion of Annet Street adjacent to the NV Energy Wilson Substation in the Southeast Quarter of Section 30, Township 22 South, Range 62 East, M.D.M., generally located southwest of Horizon Ridge Parkway and Green Valley Parkway in the MacDonald Ranch Planning Area. Henderson City Council Regular Meeting Page 15 of 29 December 20, 2011 - Minutes (Motion) Councilwoman Debra March moved to accept the right-of-way for a portion of Annet Street adjacent to the NV Energy Wilson Substation in the Southeast Quarter of Section 30, Township 22 South, Range 62 East, M.D.M., generally located southwest of Horizon Ridge Parkway and Green Valley Parkway in the MacDonald Ranch Planning Area, subject to the following: 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-27 RIGHT OF WAY ROW-040-11 APPLICANT: NEVADA POWER COMPANY Accept and ratify a perpetual non-exclusive easement and agreement for the Mission View Park amenities within the NV Energy Wilson Substation property in the Southeast Quarter of Section 30, Township 22 South, Range 62 East, M.D.M., generally located southwest of Horizon Ridge Parkway and Green Valley Parkway in the MacDonald Ranch Planning Area. (Motion) Councilwoman Debra March moved to accept and ratify a perpetual non-exclusive easement and agreement for the Mission View Park amenities within the NV Energy Wilson Substation property in the Southeast Quarter of Section 30, Township 22 South, Range 62 East, M.D.M., generally located southwest of Horizon Ridge Parkway and Green Valley Parkway in the MacDonald Ranch Planning Area, subject to the following: 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 16 of 29 December 20, 2011 - Minutes CA-28 BUSINESS LICENSE MASSAGE ESTABLISHMENT AQUA SALON, LLC APPLICANT: AQUA SALON, LLC Application for Massage Establishment business license for Aqua Salon, LLC, dba Aqua Salon, 771 East Horizon Drive, Suite 112, Henderson, Nevada 89015. (Motion) Councilwoman Debra March moved to approve the application for Massage Establishment business license for Aqua Salon, LLC, dba Aqua Salon, 771 East Horizon Drive, Suite 112, Henderson, Nevada 89015. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-29 BUSINESS LICENSE CATEGORY B, CLASS I SECONDHAND DEALER (USED AUTO) AUTO LOCATOR GROUP APPLICANT: AUTO LOCATOR GROUP Application for Category B, Class I Secondhand Dealer (Used Auto) business license for Auto Locator Group, 177 Cassia Way, Suite B111, Henderson, Nevada 89014. (Motion) Councilwoman Debra March moved to approve the application for Category B, Class I Secondhand Dealer (Used Auto) business license for Auto Locator Group, 177 Cassia Way, Suite B111, Henderson, Nevada 89014, pending required department approvals. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 17 of 29 December 20, 2011 - Minutes CA-30 NOTICE OF SALE OF PROPERTIES FOR DELINQUENT ASSESSMENTS LOCAL IMPROVEMENT DISTRICT (LID) T-12 FINANCE DEPARTMENT Authorization to proceed with Notice of Sale of Properties for Delinquent Assessments in LID T-12; set the date for the sale, accelerate the assessment amounts due on parcels with residential dwelling units and not to accelerate on parcels that do not have residential dwelling units. (Motion) Councilwoman Debra March moved to approve with the Notice of Sale of Properties for Delinquent Assessments; set a date for the sale for April 24, 2012, and that the assessments be accelerated on parcels that have a permanent residential dwelling unit and for parcels that do not have a permanent residential dwelling unit only delinquent balance is due and payable. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-31 LAND SALE HARSCH INVESTMENT PROPERTIES, LLC APPROXIMATELY 2.08 GROSS ACRES SUNSET WAY AND VALLE VERDE DRIVE ECONOMIC DEVELOPMENT/REDEVELOPMENT Land Purchase and Sale Agreement for the sale of approximately 2.08 gross acres of real property to Harsch Investment Properties, LLC. The property is located east of Sunset Way and Valle Verde Drive, and further described as APN 161-33-301-004 and APN 178-04-101-005. (Motion) Councilwoman Debra March moved to approve the Land Purchase and Sale Agreement with Harsch Investment Properties, LLC, and authorize the City Manager to sign the agreement. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 18 of 29 December 20, 2011 - Minutes VII. PUBLIC COMMENT Gil Silva, 116 Elm Street, suggested that staff work on updating the City ordinances. Mr. Silva wished Councilwoman Vermillion the best of luck regarding her resignation from the City Council. VIII. UNFINISHED BUSINESS UB-32 BILL NO. 2653 ZCA-11-500316 HORIZON RIDGE & RICH PEREZ - RITZO PARCEL CITY CLERK'S OFFICE Mayor Hafen introduced Bill No. 2653 and City Manager Calhoun read the Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 36, TOWNSHIP 22 SOUTH, RANGE 61 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, LOCATED AT THE SOUTHEAST CORNER OF HORIZON RIDGE PARKWAY AND RICH PEREZ JR. DRIVE, IN THE WESTGATE PLANNING AREA, FROM RS-2 (LOW-DENSITY RESIDENTIAL) TO CN (NEIGHBORHOOD COMMERCIAL), AND OTHER MATTERS RELATING THERETO. (Motion) Councilwoman Gerri Schroder moved to adopt Bill No. 2653 as Ordinance No. 2948. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. UB-33 BILL NO. 2654 ZCA-11-500297 HORIZON RIDGE SKILLED NURSING FACILITY CITY CLERK'S OFFICE Mayor Hafen introduced Bill No. 2654 and City Manager Calhoun read the Bill by title: Henderson City Council Regular Meeting Page 19 of 29 December 20, 2011 - Minutes AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 36, TOWNSHIP 22 SOUTH, RANGE 61 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED 320 FEET SOUTHEAST OF THE INTERSECTION OF HORIZON RIDGE PARKWAY AND RICH PEREZ JR. DRIVE, IN THE WESTGATE PLANNING AREA, FROM CN-PUD (NEIGHBORHOOD COMMERCIAL WITH PLANNED UNIT DEVELOPMENT OVERLAY) TO PS (PUBIC/SEMIPUBLIC), AND OTHER MATTERS RELATING THERETO. (Motion) Councilwoman Debra March moved to adopt Bill No. 2654 as Ordinance No. 2949. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. UB-34 BILL NO. 2655 AMEND HMC CHAPTER 4.06 ADMINISTRATIVE HEARING PROCEDURES CMTS NO. 121-12-0007 CITY CLERK'S OFFICE Mayor Hafen introduced Bill No. 2655 and City Manager Calhoun read the Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING CHAPTER 4.06 OF THE HENDERSON MUNICIPAL CODE, TO PROVIDE FOR ADMINISTRATIVE HEARING PROCEDURES FOR DISCIPLINARY MATTERS INVOLVING BUSINESS LICENSEES UNDER TITLE 4, AND TO ADDRESS OTHER MATTERS RELATING THERETO. Travis Buchanan, Assistant City Attorney I, said this bill will amend Chapter 4.06 of the Henderson Municipal Code to provide for an administrative hearing process and procedures for the appointment of hearing officers in disciplinary actions and contested matters involving alleged violations of business licensing regulations. (Motion) Councilman Sam Bateman moved to adopt Bill No. 2655 as Ordinance No. 2950. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 20 of 29 December 20, 2011 - Minutes UB-35 BILL NO. 2656 AMEND HMC TITLE 14 UTILITY SERVICES CITY CLERK'S OFFICE Mayor Hafen introduced Bill No. 2656 and City Manager Calhoun read the Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND TITLE 14 OF THE HENDERSON MUNICIPAL CODE AND DEPARTMENT SERVICE RULES TO STREAMLINE CHAPTER 14.02 OF THE HENDERSON MUNICIPAL CODE, ADD A DEFINITION FOR FIRE SERVICE CONNECTIONS, CLARIFY CRITERIA FOR SENIOR DISCOUNTS, AND ADDRESS MINOR HOUSEKEEPING ITEMS. (Motion) Councilwoman Gerri Schroder moved to adopt Bill No. 2656 as Ordinance No. 2951. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. UB-36 BILL NO. 2657 AMEND HMC CHAPTER 2.100 REGISTRATION AND REGULATION OF LOBBYISTS CITY CLERK'S OFFICE Mayor Hafen introduced Bill No. 2657 and City Manager Calhoun read the Bill by title: AMENDING ORDINANCE NO. 1711, ESTABLISH REQUIREMENTS FOR LOBBYISTS, AS WRITTEN IN THE HENDERSON MUNICIPAL CODE SECTIONS 2.100.010 AND 2.100.020; WHICH ESTABLISHES REQUIREMENTS AS TO LOBBYIST REGISTRATION AND PENALTIES FOR VIOLATION; AND OTHER MATTERS RELATED THERETO. (Action) This Bill was continued to January 3, 2012, to coordinate with the continuance of C-5. Henderson City Council Regular Meeting Page 21 of 29 December 20, 2011 - Minutes IX. NEW BUSINESS NB-37 BUDGET CONTINGENCY PLAN PARTIAL IMPLEMENTATION AND ADDITIONAL VESP FUNDING DEPARTMENT OF HUMAN RESOURCES, FINANCE DEPARTMENT Partial implementation of the Budget Contingency Plan and additional Voluntary Employee Severance Program (VESP) funding. Richard Derrick, Finance Director, stated that the City’s proactive approach to the economic downturn has yielded over $105 million in Citywide budget reductions and reduced staffing by over 220 positions. He noted that the City also continues to offer one of the lowest property tax rates in the state. He said the City is projecting a general fund deficit amounting to $13 million in the current fiscal year, and a $14-million deficit for fiscal year 2013. Staff also continues to be concerned with the instability in the housing and commercial markets, and the potential impact on the City’s property tax revenue next fiscal year. He stated that staff recommends implementing additional strategies to ensure the long-term financial sustainability of the City. These strategies include further reductions to operating expenditures, as well as reductions to salaries and benefits through the elimination of vacant positions and the creation of additional vacancies through an extension of the voluntary employee severance program (VESP). Mr. Derrick reported that staff recommends reducing the overall operating costs by $5.3 million and the elimination of 22 vacant positions permanently. He commended all City departments for their efforts to streamline processes and reduce costs throughout their operations. Mr. Derrick stated that the five-year planning committee also recommends the approval of an additional $5 million for the continuation of the VESP program. He noted that since inception of the program, 240 employees have left the City, and 73 percent of the vacancies created have remained unfilled or have been permanently deleted from the staff complement. He said the City saves more than $565,000.00 each pay period, for a total of $14.7 million annually. The program costs have typically been recaptured after ten to 12 months with continual savings being realized on an ongoing basis. Mayor Hafen stated that he has questions regarding the VESP and asked that this item be continued for two weeks. Henderson City Council Regular Meeting Page 22 of 29 December 20, 2011 - Minutes (Motion) Mayor Andy Hafen moved to continue this item until January 3, 2012. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-38 EMPLOYMENT AGREEMENT CITY ATTORNEY JOSH M. REID DEPARTMENT OF HUMAN RESOURCES Employment Agreement between the City of Henderson and Josh M. Reid, to perform the duties of City Attorney commencing December 26, 2011, for a period of three (3) years. Rob Sulliman, 2153 Farmington Bay Court, expressed concern that the proposed annual salary of $190,000.00 for Josh Reid is too high. He noted that Senate Majority Leader Harry Reid earns $193,400.00 per year, and Governor Brian Sandoval earns an annual salary of $149,573.00. Mr. Sulliman also noted that the employment agreement contains a car allowance of $550 per month. He suggested Mr. Reid’s salary be decreased until he proves himself and the economy is more financially sound. Fred Horvath, Director of Human Resources, explained that a car allowance is provided for in the agreement; however, it is suspended just like all other car allowances throughout the City. He said the proposed salary of $190,000.00 is what the last City Attorney earned and is very comparable to the market of cities in similar size. Mr. Horvath also commented that this salary is appropriate for the senior executive of the City Attorney’s Office. Responding to a question by Councilwoman Schroder regarding the salaries of other city attorneys in the valley, Mr. Horvath said we are within a few thousand dollars across the board for Las Vegas and Clark County. He noted that the cap for Mr. Reid’s salary range is $199,471.00. Councilwoman Vermillion said she is going to abstain from voting on this item for reasons she stated in a previous Council meeting; however, she has comments to make if she were to vote. Terri Williams, Acting City Attorney, stated that it is not appropriate for Councilwoman Vermillion to make comments or give opinions on items she abstains from. Henderson City Council Regular Meeting Page 23 of 29 December 20, 2011 - Minutes Councilwoman Vermillion said she will voice her opinion under Section X, Mayor and Councilmember Comments. Councilman Bateman asked if there are changes to this contract in terms of the overall financial benefits package compared to the last city attorney contract. Mr. Horvath said significant changes include the elimination of the ability to accumulate unlimited leave balance, and the ability to have salary continuation if there was a not-for-cause separation was eliminated so it would be a lump sum and there would not be PERS expense. Approximately $150,000.00 in value was extracted from previous contracts. He said the most significant improvement in the agreement is the definition of the for-cause provisions. He noted that Mr. Reid was somewhat uncomfortable signing this agreement based on our definition of the for-cause language. Mr. Horvath said he is comfortable that this agreement protects the City’s interests. Responding to a question by Councilman Bateman as to the pay ranges for attorneys at the City, Mr. Horvath explained that the salary structure has very tight bands between levels of progression. He noted that most of the city attorney bands from a deputy to an assistant are separated at the top of the range by ten to 12 percent. Councilman Bateman noted that if the Council chooses to go in a different direction at the end of the three-year term, the process is to give that person notice and the contract would expire. Mr. Horvath confirmed that this process is clearly defined in the agreement. Councilwoman Vermillion asked Acting City Attorney Williams to cite the particular statute or case law where it states that an elected official is not allowed to voice an opinion if they abstain. Ms. Williams replied that it is common ethical knowledge that if a person abstains from voting on a matter, they do not editorialize. Councilwoman Vermillion questioned if this common ethical knowledge is based on Ms. Williams’ opinion. Ms. Williams confirmed that this is based on her opinion and her consultation with the Interim City Attorney Christine Guerci-Nyhus. Mayor Hafen said historically, councilmembers do not make any comments when abstaining on an item. Henderson City Council Regular Meeting Page 24 of 29 December 20, 2011 - Minutes (Motion) Mayor Andy Hafen moved to approve the Employment Agreement with Josh M. Reid to perform the duties of City Attorney, commencing December 26, 2011, for a period of three years. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: Kathleen Vermillion. Mayor Hafen declared the motion carried. NB-39 ACCEPTANCE OF RESIGNATION COUNCILWOMAN VERMILLION CITY CLERK'S OFFICE Resignation of Councilwoman Vermillion submitted December 6, 2011, effective January 3, 2012. Note: Agenda item description should read: Resignation of Councilwoman Vermillion submitted December 6, 2011, effective January 3, 2012. Councilwoman Vermillion thanked Mayor Hafen for his honest and authentic managerial efforts in van guarding the relationship of the City. She noted that she will support Mayor Hafen in any capacity needed should he choose to seek reelection. She acknowledged her children in the audience and stated that she is certain that she made the right decision to focus her time, energy, and efforts on her family. Councilwoman Vermillion apologized to the voters who supported her and the contributors who helped with her campaign. She thanked Mayor Hafen, Councilwoman March, Councilman Bateman, and City Manager Calhoun for their continued support of her endeavors and her resignation. (Motion) Mayor Andy Hafen moved to accept Councilwoman Vermillion's resignation effective January 3, 2012. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-40 CITY COUNCIL WARD III VACANCY CITY CLERK'S OFFICE Direct the City Clerk to develop an appointment process, develop a Special Election resolution, or develop an All-Mail Ballot Special Election resolution to fill the City Council Ward III vacancy. Henderson City Council Regular Meeting Page 25 of 29 December 20, 2011 - Minutes Sabrina Mercadante, City Clerk, reported that Councilwoman Vermillion submitted a letter of resignation on December 6, 2011, to be effective January 3, 2012; therefore, a vacancy in Ward III will occur on January 4, 2012. Ms. Mercadante reviewed the following options for the Council to consider filling this vacancy: 1) Pursuant to Henderson City Charter, Section 1.070, subsection one, a vacancy in the City Council may be filled by the remaining members of the Council within 30 days after the vacancy occurred. The appointment must meet the same qualifications as required of the elected official. 2) Pursuant to NRS 268.325, if a vacancy occurs on the governing body of a city, the governing body may, in lieu of appointment, declare by resolution a special election to fill the vacancy. 3) Pursuant to NRS 293c.112, the governing body of a city may conduct a city election in which all ballots must be cast by mail if it is a special election. Ms. Mercadante noted that the appointment process would cost approximately $340.00, to be filled no later than February 3, 2012. A special election would cost approximately $122,550.00, with an estimated canvassing date of March 13, 2012. An all-mail ballot special election would cost approximately $248,000.00, with an estimated canvassing date of March 13, 2012. Mayor Hafen offered a historical perspective in that this is the fourth City Council vacancy process that he has participated in during the last 24 years. He noted that the previous three vacancies were filled through an appointment process. He stated that he leaning towards the appointment process due to the minimal cost. Councilman Bateman said he thinks there are going to be a lot of good candidates and this will be a difficult decision. He expressed concern that the appointment process puts the Council in a position of deciding who is best for the voters. He said his initial reaction was despite the cost, having a special election is well worth spending the money. Responding to a question by Mayor Hafen as to where the funds to pay for a special election would come from, Richard Derrick, Finance Director, said the Council could reprioritize those funds back into the budget to pay for a special election. Councilman Bateman commented that a special election could also be tied to the 2012 federal state election to save money. Henderson City Council Regular Meeting Page 26 of 29 December 20, 2011 - Minutes Ms. Mercadante agreed that this option would save a significant amount of money; however, there would be a vacancy in Ward III for approximately six months. Mayor Hafen noted that on a special election, the winner would be the candidate who receives the most votes, because there is one vote and not a primary and general election. Councilman Bateman commented the ordinance is silent on how quickly the special election needs to take place. Ms. Mercadante explained that the preferential voting process would allow the councilmembers to select their top two candidates and rate them on a ballot. Councilwoman Vermillion said considering the economic times and that there are unbudgeted expenses needed, she would recommend proceeding with the appointment process. She noted that the previous process of the Council reviewing candidate resumes and allowing the candidates to give a presentation was the most cost effective, fair, and ethical process. Responding to a question by Terri Williams, Acting City Attorney, regarding whether Councilwoman Vermillion intends to abstain from voting on this item, Councilwoman Vermillion confirmed that she will be abstaining on this vote. Councilwoman March expressed concern regarding spending $125,000.00 for a special election when very few people would vote. She said it would be ideal for the citizens to make a decision in a special election; however, she believes the cost of the appointment process is more practical. Councilwoman Schroder commented that the Council will be criticized however they decide to fill the vacancy. She noted that she understands the concern about spending the money during these economic times and will support the appointment process. Mayor Hafen commented that he believes a special election process would create confusion for voters as there is no primary and general election. He also noted that he is concerned about voter turnout. He noted the importance of an open and transparent appointment process. If the appointment process is determined, he encouraged councilmembers to review the applications, research candidates, and be prepared to hold a special meeting to select a candidate to fill the Ward III vacancy. Responding to a question by Councilwoman Schroder regarding whether the special election and the appointment process have specific requirements, Ms. Mercadante said the Charter specifically states that through an appointment process, the vacancy must be filled within 30 days. The state law allows the vacancy to be filled by a special election, but no time limits are identified. Henderson City Council Regular Meeting Page 27 of 29 December 20, 2011 - Minutes Ms. Williams noted that the City would be required to prepare a resolution for a special election. Ms. Mercadante explained that the vacancy would occur on January 4, 2012, so on that same day, staff would publish a courtesy notice in the newspaper notifying the public that we are taking applications. The application would be available January 4, 2012, and must be submitted by January 10, 2012. She said after all applications have been submitted by the deadline, staff will prepare a special meeting agenda. In response to a question by Mayor Hafen as to whether the Charter is silent on a filing fee, Ms. Mercadante said she does not believe a fee is outlined in the Charter. She explained that for the last appointment, the first item on the agenda was to approve the process, whether it was by ballot or deliberation, and the second item on the agenda was the appointment. Following a brief discussion regarding the appointment process, Mayor Hafen suggested that this same process be used to allow the Council time to consider all options for the appointment process. Mayor Hafen directed Ms. Mercadante to develop an appointment process. Ms. Mercadante pointed out that the special meeting for the appointment will be scheduled mid January to ensure that the vacancy is filled by February 3, 2012. (Motion) Mayor Andy Hafen moved to direct the City Clerk to adopt an appointment process to fill the City Council Ward III vacancy. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: Sam Bateman. Those absent: None. Those abstaining: Kathleen Vermillion. Mayor Hafen declared the motion carried. NB-41 RESOLUTION LOW-LEVEL AND MIXED HAZARDOUS RADIOACTIVE WASTE ROUTING AGREEMENT PUBLIC WORKS DEPARTMENT, CITY ATTORNEY'S OFFICE Mayor Hafen introduced Resolution No. 4015 and City Manager Calhoun read the Resolution by title: Henderson City Council Regular Meeting Page 28 of 29 December 20, 2011 - Minutes A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA SUPPORTING THE GOVERNOR OF THE STATE OF NEVADA IN OPPOSITION TO CHANGING THE ROUTING AGREEMENT BETWEEN THE STATE OF NEVADA AND THE DEPARTMENT OF ENERGY FOR THE SHIPMENT OF LOW-LEVEL RADIOACTIVE WASTE AND MIXED HAZARDOUS RADIOACTIVE WASTE TO THE NEVADA NATIONAL SECURITY SITE. Councilwoman March said the City prides itself on being a very safe community and was recently acknowledged by Forbes Magazine as the second safest community in the nation. She thinks this resolution is an important step to protect the interests of all Henderson residents. (Motion) Councilwoman Gerri Schroder moved to adopt Resolution No. 4015. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: Kathleen Vermillion. Mayor Hafen declared the motion carried. NB-42 BILL NO. 2658 AMEND CHAPTER 4.04, GENERAL BUSINESS LICENSE PROVISIONS AND CHAPTER 4.05, BUSINESS LICENSE FEE SCHEDULES BUSINESS LICENSE Mayor Hafen introduced Bill No. 2658 and City Manager Calhoun read the Bill by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND HENDERSON MUNCIPAL CODE CHAPTER 4.04, GENERAL BUSINESS LICENSE PROVISIONS AND CHAPTER 4.05, BUSINESS LICENSE FEE SCHEDULES, ADDING PROVISIONS TO ALLOW A MULTI-JURISDICTIONAL LICENSE; AND PROVIDING FOR OTHER RELATED MATTERS. Note: A business impact statement was submitted into the record. (Motion) Mayor Andy Hafen moved to refer Bill No. 2658 to the Committee Meeting of January 3, 2012, for review and recommendation. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, Gerri Schroder, and Kathleen Vermillion. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 29 of 29 December 20, 2011 - Minutes X. MAYOR\COUNCIL MEMBER COMMENTS Councilwoman Vermillion noted that although she abstained from voting on NB-38, she would like to make comments. She believes it would be fair and equitable to consider a contract for the City Clerk position as well as renewing the City Manager’s contract. She stated that she finds it inconsistent, incompetent, and extremely unprofessional that Acting City Attorney Terri Williams interrupted her when this item was first discussed. Councilwoman Vermillion noted that she was allowed to make direct comments to her children regarding acceptance of her resignation, NB-39. She said she previously received advice from Christine Guerci-Nyhus, Interim City Attorney, that it would be okay to go on record regarding these items she would be abstaining from. Councilwoman Schroder thanked City staff for all of their hard work. She noted that she believes all the negativity will be gone and everyone can move on. She said the City will be appointing someone new and we can forget about what happened in the past. She acknowledged many departments for their accreditations and awards and believes the City of Henderson is a top-notch organization. XI. SET MEETING The Committee Meeting for January 3, 2012, was set for 6:45 p.m. XII. ADJOURNMENT There being no further business to come before the Council, Mayor Hafen, in concurrence with the Council, adjourned the Regular Meeting at 8:08 p.m. PASSED AND DOPTED THIS 3rd DAY OF JANUARY, 2012. ______________________ Andy Hafen Mayor ATTEST: _____________________ Sabrina Mercadante, CMC City Clerk