City Council Special

CITY OF HENDERSON CITY COUNCIL MINUTES SPECIAL MEETING Thursday, July 16, 2020 I. CALL TO ORDER Mayor Pro Tem Marz called the Special Meeting to order at 3:30 p.m., in the Green Valley Training Room, City Hall, 240 South Water Street, Henderson, Nevada 89015. Mayor Pro Tem Marz announced due to the COVID-19 related Public Meeting Restrictions in effect at this time, there will be no in-person attendance at this meeting, and those present will be practicing social distancing in conformance with the State of Nevada Executive Department Declaration of Emergency Directive 006, dated March 22, 2020, and extended by the following Emergency Directives: Emergency Directive 010, dated March 31, 2020; Emergency Directive 016, dated April 29, 2020; Emergency Directive 018, dated May 7, 2020; and Emergency Directive 21, dated May 28, 2020; and Emergency Directive 26, dated June 29, 2020, extending public meeting closures and restrictions through July 31, 2020, at 11:59 p.m. The public may view or listen to this meeting online on YouTube or WebEx, and may submit written comments via WebEx or email at cityclerk@cityofhenderson.com or indicate their desire to speak on an item in real time via WebEx. Mayor Pro Tem Marz also stated if online participants experience any technical difficulties participating in today’s meeting, they may contact 702-267-2300 for assistance. 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, Fire Station No. 86, the Nevada Public Notice Website, the City of Henderson Website, and by mailing and emailing a copy of the Agenda to everyone appearing thereon on the Agenda Master Mailing and Emailing List. Present: Debra March, Mayor (via WebEx teleconference) John F. Marz, Mayor Pro Tem Dan K. Shaw, Councilman Dan H. Stewart, Councilman Michelle Romero, Councilwoman Absent: None Henderson City Council Special Meeting Page 2 of 6 Thursday, July 16, 2020 - Minutes Officers: Richard Derrick, City Manager/CEO Sabrina Mercadante, City Clerk Nicholas Vaskov, City Attorney Absent: None Staff: Michael Oh, Sr. Asst. City Attorney Bethany Sanchez, Asst. City Attorney III April Parra, Administrative Deputy City Clerk Victoria Dasis, Deputy City Clerk III. PUBLIC COMMENT Cynthia Halley, 89074; Rebecca Perlmutter, 89074; Laura Sanchez, 89012; James Smerek, 89015; Michael Stella, 89012; and Joyce Zinn, 89012, submitted comments, which were read on the record by the City Clerk, in opposition to agenda item S-1, asking Council to deny the request to approve deeming the initiative petition filed by the Henderson Coalition for Responsible Government as insufficient. The comments were submitted by email to cityclerk@cityofhenderson.com and are, in whole, attached as backup to both the public comment section and the referenced agenda item. Jeani Adams, 89074, submitted comments, which were read on the record by the City Clerk, in opposition to agenda S-2, asking Council to deny the request to approve authorizing counsel to commence or defend litigation regarding the initiative petition. The comments were submitted by email to cityclerk@cityofhenderson.com and are, in whole, attached as backup to both the public comment section and the referenced agenda item. Jeani Adams, 89074; Frank Halley, 89074; and Jason and Kariene Rimer, 89052, submitted comments, which were read on the record by the City Clerk, in opposition to agenda item S-3, opposing the use of public monies being used to fund a private enterprise. The comments were submitted by email to cityclerk@cityofhenderson.com and are, in whole, attached as backup to both the public comment section and the referenced agenda item. IV. ACCEPTANCE OF AGENDA The agenda was accepted as presented. Henderson City Council Special Meeting Page 3 of 6 Thursday, July 16, 2020 - Minutes V. ITEMS OF BUSINESS S-1 REVIEW OF THE CITY CLERK’S CERTIFICATE OF INSUFFICIENCY ON THE INITIATIVE PETITION FILED BY HENDERSON COALITION FOR RESPONSIBLE GOVERNMENT CITY CLERK'S OFFICE Review of the City Clerk’s Certificate of Insufficiency on the Initiative Petition Filed by the Henderson Coalition for Responsible Government to Prohibit the City of Henderson from Contributing, Investing or Lending any of its Revenue or Assets, or those of its Taxpayers, for an American Hockey League (AHL) arena/Henderson Events Center at the Henderson Pavilion. Sabrina Mercadante, City Clerk, provided an overview of the Henderson Coalition’s petition, discussed the reasons a Certificate of Insufficiency was issued, and the Coalition’s request for a review of the decision. Nicholas Vaskov, City Attorney, gave a PowerPoint presentation titled Henderson Pavilion Initiative Petition – Legal Issues. Areas of discussion included: NRS 295.009, Description of Effect as a required legal element, and case law and legal precedence. Mr. Vaskov stated the City has received public comment from individuals saying they were misled by the circulators of the petition about its nature and effect when signing the petition. He also said 175 signatures were crossed out or interlineated with no reason given for the deletions. Mr. Vaskov concluded that the petition is procedurally invalid and requested the petition be approved as such. Mayor March asked Mr. Voskov to clarify that Ms. Halley’s reference to a provision in NRS 295.061, only applies to state-wide initiatives, not city-wide initiatives. John Dalrymple, representing the Henderson Coalition for Responsible Government, gave a PowerPoint presentation via WebEx titled The Henderson Coalition for Responsible Government: Response to Certificate of Insufficiency. Areas of discussion included: the purpose and timeline of the petition, the proposed initiative for the November 2020 ballot, petition requirements and NRS 295.009, precedence set by the Nevada Supreme Court, and requests by the Henderson Coalition for Responsible Government. Mr. Vaskov responded to the presentation by Mr. Dalrymple stating the Las Vegas taxpayer case is not comparable because in that case the City of Las Vegas found the petition sufficient but chose not to put it on the ballot, and the court said that was improper. In this case, the petition has been found insufficient and cannot go on the ballot. Mr. Vaskov noted that other claims contained in the presentation were personal claims and not legal claims. Henderson City Council Special Meeting Page 4 of 6 Thursday, July 16, 2020 - Minutes Responding to Councilwoman Romero’s inquiry regarding what information is missing that would make the petition sufficient, Mr. Vaskov stated what is missing is a short, succinct description of effect. He noted the petition is poorly worded and ambiguous. Councilman Stewart stated he has made it very clear that he is against the proposed event center; however, this is a legal matter, and he must follow the statute and the recommendation of the City Attorney. Councilman Shaw said moving forward with this project is what is best for the city. (Motion) Councilwoman Romero moved to approve the Certificate of Insufficiency issued by the Henderson City Clerk on the Initiative Petition submitted by the Henderson Coalition for Responsible Government. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Pro Tem John F. Marz declared the motion carried. S-2 AUTHORIZATION BY CITY COUNCIL FOR THE CITY ATTORNEY TO COMMENCE OR DEFEND LITIGATION REGARDING INITIATIVE PETITION CITY ATTORNEY'S OFFICE Authorization for the City Attorney to commence or defend any legal action, including filing any appeal, related to the Initiative Petition Nicholas Vaskov, City Attorney, gave a PowerPoint presentation titled Henderson Pavilion Initiative Petition – Legal Issues, and noted the petition suffers fatal defects as a matter of law. He said the power to enact statutes and ordinances through the initiative process is limited to legislative and not administrative acts. He compared this case to a factually similar case known as the Reno Train Trench case. Mr. Vaskov explained that approval of this item would authorize his office to commence or defend litigation in order to prohibit placement of the initiative on the November 2020 ballot due to it being constitutionally infirm. A discussion ensued regarding the process moving forward, as well as the constitutional deficiencies versus the procedural issues. Councilman Stewart commended the petitioners for their efforts and hard work. Henderson City Council Special Meeting Page 5 of 6 Thursday, July 16, 2020 - Minutes (Motion) Councilman Shaw moved to approve the authorization for the City Attorney to commence or defend any legal action, including filing any appeal, related to the Initiative Petition. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Pro Tem John F. Marz declared the motion carried. S-3 PRESENTATION OF FINANCIAL EFFECT OF THE INITIATIVE PETITION FILED BY THE HENDERSON COALITION FOR RESPONSIBLE GOVERNMENT CITY CLERK'S OFFICE Presentation by the City Clerk to the City Council on the anticipated financial effect of the Initiative Petition filed by the Henderson Coalition for Responsible Government to prohibit the City of Henderson from contributing, investing or lending any of its revenue or assets, or those of its taxpayers, for an American Hockey League (AHL) arena/Henderson Event Center at the Henderson Pavilion. Sabrina Mercadante, City Clerk, said included in the back-up documentation for this item is a document which outlines the possible financial effect the Initiative Petition might have on the City. She stated it is difficult to determine the financial impact due to the wording and structure of the Initiative Petition. Ms. Mercadante noted that new ordinances and laws operate prospectively only, not retroactively, which means that should the Initiative Petition be included on the November 2020 ballot, it would not effect previously-approved ordinances, plans, and contracts related to the Henderson Event Center. She added that she will post a copy of the fiscal impact to the City Clerk’s website as required by NRS 295.205. (Motion) Councilwoman Romero moved to approve the finding and description of the financial effect of the Initiative Petition on the City of Henderson contained in the City Clerk’s report. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Pro Tem John F. Marz declared the motion carried. Henderson City Council Special Meeting Page 6 of 6 Thursday, July 16, 2020 - Minutes VI. MAYOR/COUNCILMEMBER COMMENTS There were no Mayor/Councilmember comments presented. VII. PUBLIC COMMENT Jimmy Fendzlau, no ZIP code provided, thanked the Council for their leadership via real-time text through WebEx. VIII. ADJOURNMENT There being no further business to come before the Council, Mayor Pro Tem Marz, in concurrence with the Council, adjourned the Special Meeting at 4:43 p.m. PASSED AND ADOPTED THIS 4th DAY OF AUGUST, 2020. ______________________ John F. Marz Mayor Pro Tem ATTEST: _____________________ Sabrina Mercadante, MMC City Clerk