2012 2:00:00 PM

Monday, August 13, 2012 2:00 PM
Sparks Council Chambers, 745 4th Street, Sparks, NV

General Business: 6.8

Title: Discussion and possible approval of a selection or no selection of a Bill Draft Request for the 77th Session of the Nevada Legislature.

Petitioner/Presenter: Adam Mayberry/Adam Mayberry

Recommendation: I move to not submit a BDR for the 77th Session of the Nevada Legislature.

Financial Impact: N/A

Business Impact (Per NRS 237):
A Business Impact Statement is not required. This is a rule but does not impose a direct and significant economic burden on a business, or directly restrict the formation, operation or exemption of a business.

Agenda Item Brief: The City has the opportunity to sponsor one BDR for each legislative session. This item will enable the City Council to select and approve a BDR for the 77th Session of the Nevada Legislature, or not select at BDR.

Background: The City Council began discussions on topics for Bill Draft Requests (BDR) in January 2012. At the May 14, 2012 City Council Meeting, the Community Relations Manager reviewed a series of potential BDRs to adopt for the 2013 Nevada Legislative Session (77th Session). The BDR concepts included the Charter Committee amendments to the Charter, and not adopting a BDR. Council directed staff to identify those Bill Draft Request (BDR) concepts with general purposes that impact all Nevada cities, and those that are specific to the City of Sparks. Additionally, the Council directed staff to discuss with the Nevada League of Cities & Municipalities the potential of carrying some of the concepts as the League’s BDRs. A one page matrix is attached to this staff report that summarizes each City of Sparks BDR concept (A through H). At the June 11, 2012 City Council Meeting, additional discussion was held on consideration to BDR concepts. The City Council directed staff to review the BDR concepts the Nevada League of Cities & Municipalities (NLCM) will carry. There was also discussion on the Charter Committee’s recent amendments to the City Charter, and if the City Council would want to use the Charter changes as a BDR. Some council members expressed reluctance to carry the Charter changes as a BDR due to the separation of the Charter Committee and City Council. Assemblywoman Debbie Smith however, has agreed to carry the Charter Committee’s proposed Charter changes, and has filed BDR #136 which makes various changes to the Sparks City Charter.

Analysis: During June and July, Mayor Martini and Community Relations Manager Adam Mayberry participated in three conference calls with the NLCM’s Inter-Governmental Relations Council, which is the NLCM’s legislative committee that will make recommendations to the NLCM Executive Board on what BDRs to carry. The NLCM has the opportunity to submit up to five BDRs. At the time of this staff report, the NLCM’s Inter-Governmental Relations Council of which Mayor Martini is a voting member, unanimously selected the five following BDRs concepts: 1. Depreciation of Assessed Valuation Reducing the statutory rate of depreciation from 1.5% annually to .25% annually. 2. Revise requirements for publication of certain notices and reports to allow for publishing online instead of publication in a newspaper and Eliminate Requirements for Hard Copy Agenda/Back-Up Requests. Currently numerous NRS provisions require that the City and other local governments publish certain notices and reports in a newspaper of general circulation within the area served by the local government. In many cases these reports and notices are lengthy and contained detailed information, requiring the local government to expend substantial sums of money to publish them in the newspaper. In these cases the requirement to publish the entire report would be revised to publishing a summary, with a notice that the full report is available online and that a hard copy may be requested from the Clerk of the local government. Additionally, to allow for the provision of electronic copies of agendas and back-up materials in lieu of hard copy requirements. 3. Reform Method of Producing Census Data by State Demographer The process by which the Demographer forecasts census data is somewhat informal and lacks a timely appeal process. 4. Expand the penalties for “Theft” under NRS 205.0835 to include additional penalties for the theft of public property. Local governments are currently experiencing a significant increase in the theft of public property, specifically metals such as copper which can be sold at scrap metal dealers. Theft of items such as irrigation backflow prevention devices results in not just costs to replace the stolen items, but cost to repair damage such as flooding that occurs when devices such as this are removed. Increased penalties could include a minimum number of community service hours or other such service to the public. 5. Single Stream Recycling Restricts the authority of associations of certain planned communities to regulate the storage and placement of containers for the collection of recyclable materials. These five proposed BDRs will go to the NLCM Board of Directors on August 11 for final approval. The City of Sparks had a total of seven BDR concepts (matrix attached). One of which is the City Charter changes that will be carried by Assemblywoman Smith. Concept A and B are currently in the legislative process. Concept A would reset the property tax rate upon the sale of property. Legislation was sponsored in 2011 and successfully passed both the Assembly and Senate. Because the measure would require a state constitutional amendment, it must return to the 2013 session. Upon successful passage by the legislature in 2013, it must be voted on by state residents. Concept B increases the ending fund balance for local municipalities that is not subject to negotiations from 8.3 percent to 16.6 percent. This item requires amending the Nevada Administrative Code (NAC). Financial Services Director Jeff Cronk is working with the Local Government Finance Committee to advance this measure. Item E on the City’s BDR matrix is also included as a NAC code. Items C and D were identified as items that would not gain any traction as NLCM BDRs. It is suggested to work strategically with individual legislators to advance. There was little discussion or desire to advance item F by the NLCM. All of the initial BDR concepts the City has discussed have state wide impacts to local governments. There is currently not a compelling BDR concept specific to the City of Sparks. After discussion and review, the Sparks Legislative Team which includes Mayor Martini, Councilwoman Ratti, City Manager Shaun Carey, and Community Relations Manager Adam Mayberry recommend that the City not select a BDR at this time to carry for the 77th Session of the Nevada Legislature.

Alternatives: The City Council can select a BDR to sponsor for the 77th Session of the Nevada Legislature. The City Council could not select a BDR to sponsor for the 77th Session of the Nevada Legislature. The City Council could provide further direction to staff on BDR concepts.

Recommended Motion: I move to not submit a BDR for the 77th Session of the Nevada Legislature.

Attached Files:

BDR Concept Matrix.pdf

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