City Council Special

CITY OF HENDERSON CITY COUNCIL MINUTES SPECIAL MEETING Monday, January 23, 2012 I. CALL TO ORDER Mayor Hafen called the Special Meeting to order at 5:34 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 Special 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 Absent: Ward III vacancy Officers: Mark Calhoun, City Manager Sabrina Mercadante, City Clerk Josh Reid, City Attorney Staff: Tedie Jackson, Minutes Clerk Jonathon Nunes, Council and Commission Services Coordinator Henderson City Council Special Meeting Page 2 of 7 Monday, January 23, 2012 – Minutes III. PUBLIC COMMENT Jim Anderson, 1044 Geranium Drive, President of the Calico Ridge Homeowners’ Association; and Robin Huhn, 1001 Calico Ridge Drive, voiced their support for Dr. Sam Elia as Councilman for Ward III. They believe his involvement with the community and his fiscally conservative style would be a good addition to the Council. IV. ACCEPTANCE OF AGENDA (Motion) Councilwoman March moved to accept the agenda as presented. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. V. ITEMS OF BUSINESS S-1 CITY COUNCIL WARD III APPOINTMENT CITY CLERK'S OFFICE Appoint one of the following 13 applicants to fulfill the vacancy in City Council Ward III with an unexpired term of June 2013: Dr. Beverly Daly-Dix, Milton E. Doyle, Rick Dreschler, Dr. Sam E. Elia, Sean M. Fellows, Thomas E. Haugh, Fred H. Honore Sr., John M. Kehoe, Erin Lale, John F. Marz, Gary J. Riggs, Cathy Rosenfield, and Jason P. Stoffel. Mark Calhoun, City Manager, noted that Thomas E. Haugh and Fred H. Honore, Sr. withdrew their applications after the agenda was posted, so the Council now has 11 applicants to select from. Sabrina Mercadante, City Clerk, explained the process to facilitate this appointment. Applicant names will be drawn randomly to establish the presentation order. After completion of the draw, all applicants will be asked to leave the Council Chambers and wait in the Valley View Conference Room until called into the Council Chambers to make their presentation. She noted that applicants will be asked to wait in the conference room during the presentations; however, in accordance with the Nevada Open Meeting Law, they have the right to attend the public meeting. Henderson City Council Special Meeting Page 3 of 7 Monday, January 23, 2012 – Minutes Ms. Mercadante said applicants will be called into the Council Chambers individually to make their three-minute presentation. The Mayor and Council will have the opportunity to ask follow-up questions of each applicant immediately following each presentation. She reminded the Council to refrain from asking questions related to age, race, gender, sexual preference, religion, or disabilities. Ms. Mercadante stated that once all presentations are complete, the applicants will be invited back into the Council Chambers. The Council will discuss the applicants’ presentations and take appropriate action to appoint. If a motion fails, Council will further discuss and deliberate, and take action until a motion passes. Ms. Mercadante noted that staff will assist the applicants to the Valley View Conference Room, which is located directly across from the Council Chambers. Ms. Mercadante randomly selected the presentation order as follows: John F. Marz, Dr. Sam E. Elia, Rick Dreschler, John M. Kehoe, Erin Lale, Gary J. Riggs, Jason P. Stoffel, Milton E. Doyle, Dr. Beverly Daly-Dix, Sean M. Fellows, and Cathy Rosenfield. Each candidate provided a personal statement regarding their background, experience, and ability to serve the City representing Ward III. Following the presentations and follow-up questions by Council, a recess was taken from 6:55 p.m. to 7:00 p.m. Mayor Hafen stated that there are some very good candidates and it will be difficult to make a decision. He encouraged the applicants to remain involved with the city. He suggested the Council select their top candidates to possibly ask additional questions if necessary. He noted that another option is for the Council to rank the candidates through a verbal discussion at the dais. Councilwoman March commented that over the last several weeks she received many calls from individuals representing various applicants, and some of the issues expressed were partisan in nature. She stated that Henderson operates on a City Charter that determines what the Council can and cannot do. She noted that the Council deals with non-partisan issues and is responsible for specific City operations, such as balancing the budget, management, duties of appointed officials, public works, and other activities. Henderson City Council Special Meeting Page 4 of 7 Monday, January 23, 2012 – Minutes Councilwoman March complimented the 11 applicants for wanting to make a difference in the community and giving back. She encouraged all the applicants to remain engaged and involved in the community and local government. She commented that she reviewed the candidates voting records to see who participated in previous elections. Councilwoman March stated that she believes in the election process, but felt it was too costly compared to this appointment process. She stated that the election process builds character and allows a person to learn what your constituents want. Councilwoman March identified the following applicants as her top choices: John Marz, Dr. Beverly Daly-Dix, Sean Fellows, and Cathy Rosenfield. She pointed out that Mr. Marz gave his word that he would not seek to run for election in 2013. She also noted that Ms. Rosenfield received 7,000 votes from her constituents when she ran for the Ward III seat in 2009. Councilwoman Schroder thanked the applicants for their participation and interest in this appointment. She expressed disappointment that five of the 11 applicants had not voted at least one time in the past four elections. She believes it is important to know issues facing the community and was disappointed that some candidates have not taken time to investigate what is happening in their ward. She said the issue of a caretaker bothers her because it shows a lack of commitment to the community. Councilwoman Schroder identified the following applicants as her top choices: Sean Fellows, Cathy Rosenfield, and John Marz. Councilman Bateman commented that he would prefer a special election and understands the concern regarding the cost. He said this is a difficult position to be in and feels like an inherently personal decision to select one individual among colleagues and friends. He stated that he does not think a caretaker position shows a lack of commitment, and it will provide for a fair playing field for anyone wishing to run for the Ward III election in 2013. Councilman Bateman disclosed that he appointed Mr. Marz to the Planning Commission. He also disclosed that during his last election, he received a campaign donation from Mr. Marz and Mr. Fellows, through his employment. Councilman Bateman identified the following applicants as his top choices: John Marz, Sean Fellows, and Cathy Rosenfield. Mayor Hafen disclosed that the Las Vegas Realtors Association (Greater Las Vebas Association of Realtors) also donated to his Mayoral campaign three years ago. Councilwoman Schroder and Councilwoman March disclosed that they also received a campaign donation from the Las Vegas Realtors Association. Henderson City Council Special Meeting Page 5 of 7 Monday, January 23, 2012 – Minutes Mayor Hafen commented that it is enticing to have an applicant volunteer to take the position for a little over a year and promise not to run in the 2013 election. This would allow anybody from Ward III to run for the seat in a campaign and be voted into office by the residents. He identified the following applicants as his top choices: John Marz, Dr. Beverly Daly-Dix, Sean Fellows, and Cathy Rosenfield. Mayor Hafen stated that he is really interested in an individual that can work with the Council and work well within the community. He said it is also important how members of the Council treat appointed officials, department heads, and staff. (Motion) In no specific order, Mayor Hafen moved that the following individuals be considered further to fill the Ward III vacancy: John Marz, Dr. Daly-Dix, Sean Fellows, and Cathy Rosenfield. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Bateman, Debra March, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Councilwoman March asked Mr. Marz to further articulate his commitment to not seek the Ward III seat during the 2013 election. Mr. Marz replied that his decision to not run for this office in 2013 does not reflect on his commitment to the City. He noted that he has been involved in politics for many years and realizes the advantage an incumbent has during an election. He believes the election would be more fair to the citizens in Ward III without running against an incumbent. Mr. Marz stated that he has a lot of business experience and can help make meaningful decisions through very difficult times in budgeting and growth, and seeing the city revitalized as the economy comes out of the recession. He noted that he was committed to run for this seat in 2013 and it was a hard decision to say he would not. Councilwoman Schroder commented that it is possible for a person to beat an incumbent if they are involved in the community and show the voters their commitment. She noted that she realizes Mr. Marz has dedicated himself to the community. Responding to a comment by Mayor Hafen that Mr. Marz would basically be a lame duck councilman by only being in the position approximately a year, Mr. Marz stated that he would have an opportunity to do a better job because he would not be governing and running at the same time. He committed to spend all of his time to help the Council realize their goals and objectives. Henderson City Council Special Meeting Page 6 of 7 Monday, January 23, 2012 – Minutes Councilwoman Schroder commented that she thinks campaigning can be a benefit while serving because you are out in the public understanding the issues in the community. Mr. Marz said he has enough time to dedicate running his business and attending City business as a councilman; however, he does not have time to also run a campaign during such a short period of time. Mayor Hafen asked what Mr. Marz’s three top priorities are since he will not run for election in 2013. Mr. Marz replied that one of his top priorities is job creation and attracting new businesses to Henderson, which will help revitalize neighborhoods and shopping centers. Another priority is to help major projects become a reality in the city to provide stability and make Henderson a premiere community. He said his third priority is to focus on the budget. Councilwoman Schroder asked Dr. Daly-Dix why she opposed light rail in Southern Nevada. Dr. Daly-Dix explained that she was not in opposition to the light rail; she was pro citizens and pro fiscal responsibility. She said the light rail proposal would have been too costly and not improved traffic. In response to a question by Mayor Hafen regarding her feelings on the express bus system, Ms. Daly-Dix commented that this transportation offered by the Regional Transportation Commission (RTC) is fiscally responsible and provides flexibility for residents to travel throughout the valley at a cheaper rate. Following further discussion regarding a caretaker position, Josh Reid, City Attorney, stated that the Council does not have the authority to add a condition to the appointment that the person selected cannot run for the Ward III seat in 2013. Councilwoman Schroder commented that she is looking for a candidate who is dedicated to this position for the long term. She asked what other options are available for the Council to select an applicant. Ms. Mercadante explained that the ranking process allows the Mayor and Council to vocally rank their top three or four in accordance to preference. Staff would score the selections on a scale and the scores would be announced. This process could help the Council in making their final decision. Henderson City Council Special Meeting Page 7 of 7 Monday, January 23, 2012 – Minutes Mayor Hafen commented that if they use the ranking system, it may be a moot point because Mr. Marz would probably come out on top. He said he needs to make up his mind as to whether he wants a placeholder or to have somebody who would run for office after being appointed. (Motion) Mayor Andy Hafen moved to appoint John F. Marz to fill the City Council Ward III vacancy. Mr. Reid commented that the applicant who is selected must be sworn in before February 3, 2012, in accordance with the City Charter. Ms. Mercadante noted that she is prepared to administer the oath of office after this meeting is adjourned. Councilwoman Schroder said she believes Sean Fellows and Cathy Rosenfield have done much more in the community and she ranked them higher than Mr. Marz. The roll call vote favoring passage was: Those voting aye: Andy Hafen, Sam Batman, and Debra March. Those voting nay: Gerri Schroder. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. VI. PUBLIC COMMENT Dr. Beverly Daly-Dix, applicant, thanked the Council for the opportunity to participate in this process. She noted that the Council made a difficult decision and she is confident Mr. Marz will do a great job for Ward III. VII. ADJOURNMENT There being no further business to come before the Council, Mayor Hafen, in concurrence with the Council, adjourned the Special Meeting at 7:56 p.m. PASSED AND ADOPTED THIS 7th DAY OF FEBRUARY, 2012. ______________________ Andy Hafen Mayor ATTEST: _____________________ Sabrina Mercadante, CMC City Clerk