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21/08/24
CITY COUNCIL REGULAR MEETING AGENDA COUNCIL CHAMBER, 401 CALIFORNIA AVENUE, BOULDER CITY NV 89005 AUGUST 24, 2021 - 7:00 PM The public may view the meeting live at the following link: https://www.bcnv.org/191/City-Council-Meeting-Live-Stream-Video ITEMS LISTED ON THE AGENDA MAY BE TAKEN OUT OF ORDER; TWO OR MORE AGENDA ITEMS FOR CONSIDERATION MAY BE COMBINED; AND ANY ITEM ON THE AGENDA MAY BE REMOVED OR RELATED DISCUSSION MAY BE DELAYED AT ANY TIME. CALL TO ORDER CONFIRMATION OF POSTING AND ROLL CALL INVOCATION AND PLEDGE OF ALLEGIANCE PUBLIC ANNOUNCEMENTS PUBLIC COMMENT PUBLIC COMMENT DURING THIS PORTION OF THE AGENDA MUST BE LIMITED TO MATTERS ON THE AGENDA FOR ACTION. EACH PERSON HAS UP TO FIVE MINUTES TO SPEAK ON A SPECIFIC AGENDA ITEM. MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE MEETING WITHOUT BEING PHYSICALLY PRESENT BY ONE OF THE FOLLOWING METHODS: Written comments may be submitted via the Public Comment Form (https://www.bcnv.org/FormCenter/Contact-Forms-3/City-Council-Comment- Form-111) To comment during the meeting, members of the public may call (702) 589- 9629 when the public comment period is opened. FOR POSSIBLE ACTION: APPROVAL OF REGULAR AGENDA FOR POSSIBLE ACTION: APPROVAL OF CONSENT AGENDA 1 CONSENT AGENDA 1.For possible action: Approval of the minutes of the August 10, 2021, regular meeting 2.For possible action: Resolution No. 7319, a resolution of the City Council of Boulder City, Nevada, approving Agreement No. 21-1938 (Interlocal Contract 1297) between the City of Boulder City and the Regional Transportation Commission of Southern Nevada for the Trail Maintenance Volunteer Coordination, Fiscal Year 2022-2024 3.For possible action: Resolution No. 7320, a resolution of the City Council of Boulder City, Nevada, approving Agreement No. 21-1939 (Interlocal Contract 1296) between the City of Boulder City and the Regional Transportation Commission of Southern Nevada for the Underground Existing Utilities Maryland Parkway, Russell Road to Flamingo Road 4.For possible action: Resolution No. 7321, a resolution of the City Council of Boulder City, Nevada approving Interlocal Agreement No. 21-1940 with the City of Henderson to provide temporary legal services pursuant to Section 15(4) of the Boulder City Charter REGULAR AGENDA 5.Recognition and Certificate of Appreciation to the Damboree Committee members (As requested by Council member Bridges) 6.For possible action: Matters pertaining to the 2021 Private Activity Bond Volume Cap A. Presentation by Nevada Rural Housing Authority's (NRHA) Director of Homeownership Programs, Diane Arvizo B. Resolution No. 7322, a resolution of the City Council of Boulder City, Nevada providing for the transfer of the City's 2021 Private Activity Bond Volume Cap to the Nevada Rural Housing Authority 7.For possible action: Matters related to a proposed Boulder City Historic Preservation Plan A. Presentation by Mariana Ruiz, Nevada Preservation Foundation B. Resolution No. 7323, a resolution of the City Council of Boulder City, Nevada adopting an Historic Preservation Plan for the City of Boulder City 8.For possible action: Resolution No. 7324, a resolution of the City Council of Boulder City, Nevada to accept a Grant Award of $43,000 for the Joining Forces campaign and to amend FY 2022 budget for revenues and expenses. 9.For possible action: Consideration of Bill No. 1905, an ordinance of the City of Boulder City, Nevada amending the Boulder City Municipal Code Title 4, “Business Regulations,” Chapter 1, “Business License,” Section 2 22 “License Classifications and Fees” to repeal the establishment of the Special Events License Review Board by ordinance, and other matters properly related thereto 10.For possible action: Matters related to Bill No. 1906 A. Public hearing on Bill No. 1906 B. Consideration of Bill No. 1906, an ordinance of the City of Boulder City, Nevada amending the Boulder City Municipal Code Title 4, “Business Regulations,” Chapter 7, “Secondhand and Junk Dealers,” to clarify the types of conduct and persons exempted from the provisions of the Chapter, and other matters properly related thereto 11.For possible action: Matters Pertaining to the Boulder City Rifle & Pistol Club Lease Agreement: A. Resolution No. 7325, a resolution of the City Council of Boulder City, Nevada consenting to renew Agreement No. 00-618A for an additional ten (10) years until August 26, 2031 pursuant to Section 2 of Agreement 00-618A between the City and the Boulder City Rifle and Pistol Club B. Discussion of potential future amendments to the lease agreement to be considered at a later date 12.For possible action: Discussion and direction regarding a potential revision of the Boulder City noise ordinance 13.For possible action: Matters related to opioid litigation A. Discussion and direction regarding the selection of outside local counsel for opioid-related litigation B. Resolution No. 7317, a resolution of the City Council of Boulder City, Nevada approving Keller Lenkner letter of retention and contingent fee agreement 14.City Manager's Report: A. Claims Paid, July 2021 B. Financial Report, July 2021 15.Public Comment Each person has up to five minutes to speak at the discretion of the Mayor/Chair. Comments made during the Public Comment period of the agenda may be on any subject. All remarks shall be addressed to the City Council/Board as a whole, not to any individual member of the Council/Board, of the audience, or of the City staff. There shall be no personal attacks against the Mayor, members of the City Council, the City staff, or any other individual. No person, other than members of the City Council and the person who has the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council without the permission of the Mayor or Presiding Officer. No action may be taken on a matter raised under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which 3 action will be taken. 16.City Council’s Report Supporting material is on file and available for public inspection at the City Clerk's Office, 401 California Avenue, Boulder City, Nevada 89005 and the Boulder City website at www.bcnv.org, as per NRS 241. To request supporting material, please contact the City Clerk Tami McKay at (702) 293-9208 or cityclerk@bcnv.org. Notice to persons with disabilities: Members of the public who are disabled and require special assistance or accommodations at the meeting are requested to notify the City Clerk by telephoning (702) 293-9208 at least seventy-two hours in advance of the meeting. This notice and agenda has been posted on or before 9 a.m. on the third working day before the meeting at the following locations: Boulder City Hall, 401 California Avenue www.bcnv.org https://notice.nv.gov/ 4 Tami McKay From: John <johnz89005@yahoo.com> Sent: Sunday, August 22, 2021 11:29 PM To: Tami McKay Subject: I'm in favor of continuing the BC Rifle club lease.Thanks g CAUTION:This email originated from outside the Boulder City, NV network. Please note the sender and maintain caution when opening external links/attachments. Sent from my iPad 1 Stacey Brownfield From: noreply@civicplus.com Sent: Sunday,August 22, 2021 3:40 PM To: City Clerk Subject: Online Form Submittal: Meetings Comment Form CAUTION: This email originated from outside the Boulder City, NV network. Please note the sender and maintain caution when opening external links/attachments. Meetings Comment Form Meetings Public Comment Form Please complete this form if you would like to provide your comment on an item to be discussed at a Boulder City Council, Committee or Commission meeting. Comments should be addressed to the Council as a whole, not to an individual member. Thank you for your cooperation and participation. The Mayor and Boulder City Council request that all comments are expressed in a courteous manner. If you choose to comment, messages are limited to five minutes each. PLEASE NOTE: Comments received after 4:00 PM the day of the scheduled meeting may not be included in the record. You are encouraged to send in your comments early to allow for distribution to City Council, Committee or Commission members for review. First Name Scott Last Name Baranoff Email Address priapos@cox.net Phone Number 7022934299 Address 613 Lido Drive City Boulder City State NV Zip 89005 If you are representing Field not completed. someone other than yourself, please indicate who you are 1 representing(i.e.family member,organization). Do you wish to speak? No Meeting Date and/or Tuesday August 24, 2021 Function Agenda Item: If unsure of the BRPC Boulder City Council Range Lease Agreement item, please view the agenda The Boulder City Council will consider the 10 year option on at the BRPC Range which will enable us to continue Range www.bcnv.org/agendacenter. Operations for an additional 10 years. If you do not want to speak to a specific agenda item, please type"General Public Comment" below. Opinion Support Your Comment Field not completed. Affirm Yes Do you wish to sign up to No receive future agendas and news items from the City of Boulder City? Email not displaying correctly?View it in your browser. 2 Tami McKay From: Denny Mayes <dennymayes@cox.net> Sent: Tuesday,August 24, 2021 11:50 AM To: Tami McKay Subject: Rifle range CAUTION:This email originated from outside the Boulder City, NV network. Please note the sender and maintain caution when opening external links/attachments. I am in favor of city council extending the contract for another 10 years. Thank you Sent from my iPhone 1 Stacey Brownfield From: noreply@civicplus.com Sent: Monday, August 23, 2021 4:19 AM To: City Clerk Subject: Online Form Submittal: Meetings Comment Form CAUTION: This email originated from outside the Boulder City, NV network. Please note the sender and maintain caution when opening external links/attachments. Meetings Comment Form Meetings Public Comment Form Please complete this form if you would like to provide your comment on an item to be discussed at a Boulder City Council, Committee or Commission meeting. Comments should be addressed to the Council as a whole, not to an individual member. Thank you for your cooperation and participation. The Mayor and Boulder City Council request that all comments are expressed in a courteous manner. If you choose to comment, messages are limited to five minutes each. PLEASE NOTE: Comments received after 4:00 PM the day of the scheduled meeting may not be included in the record. You are encouraged to send in your comments early to allow for distribution to City Council, Committee or Commission members for review. First Name Kevin Last Name Riley Email Address Riley.photography@reagan.com Phone Number 702-606-3600 Address 1010 Industrial Rd#119 City Boulder City State NV Zip 89005 If you are representing Field not completed. someone other than yourself, please indicate who you are 1 representing(i.e.family member,organization). Do you wish to speak? Yes Meeting Date and/or August 24, 2021 Function Agenda Item: If unsure of the 10 year option on the BRPC Range item, please view the agenda at www.bcnv.org/agendacenter. If you do not want to speak to a specific agenda item, please type"General Public Comment" below. Opinion Support Your Comment The range provides a safe environment for those who shoot for hobby. We have been members for 7 years. Affirm Yes Do you wish to sign up to No receive future agendas and news items from the City of Boulder City? Email not displaying correctly?View it in your browser. 2 Tami McKay From: Tom Coleman <tc.husker@gmail.com> Sent: Tuesday, August 24, 2021 4:12 PM To: Tami McKay Subject: BRPC CAUTION:This email originated from outside the Boulder City,NV network.Please note the sender and maintain caution when opening external links/attachments. Ms. McKay, I am a long term resident of Boulder City and a gun club member. I support the 10 year lease. Tom Coleman 1 Tami McKay From: Stephen L Tichenor <steelsteve.slt@gmail.com> Sent: Tuesday, August 24, 2021 12:35 PM To: Tami McKay Subject: Renewal of 10 yr Lease: BCR&P CLUB CAUTION:This email originated from outside the Boulder City,NV network.Please note the sender and maintain caution when opening external links/attachments. Please consider to RENEW our lease for 10 years for our BCR&P CLUB.We as residents in Boulder City truly need this gun range which we highly respect your decision. Thank you. Stephen L Tichenor BC NV 89005 1 • Stacey Brownfield From: noreply@civicplus.com Sent: Sunday,August 22, 2021 4:26 PM To: City Clerk Subject: Online Form Submittal: Meetings Comment Form CAUTION: This email originated from outside the Boulder City, NV network. Please note the sender and maintain caution when opening external links/attachments. Meetings Comment Form Meetings Public Comment Form Please complete this form if you would like to provide your comment on an item to be discussed at a Boulder City Council, Committee or Commission meeting. Comments should be addressed to the Council as a whole, not to an individual member. Thank you for your cooperation and participation. The Mayor and Boulder City Council request that all comments are expressed in a courteous manner. If you choose to comment, messages are limited to five minutes each. PLEASE NOTE: Comments received after 4:00 PM the day of the scheduled meeting may not be included in the record. You are encouraged to send in your comments early to allow for distribution to City Council, Committee or Commission members for review. First Name Ainsworth Last Name Hunt Email Address acehunt1@icloud.com Phone Number 973-951-4900 Address 521 Hidden Cove City Boulder City State NV Zip 89005 If you are representing Field not completed. someone other than yourself, please indicate who you are 1 representing(i.e.family member,organization). Do you wish to speak? No Meeting Date and/or August 24, 2021 Function Agenda Item: If unsure of the 11. A. item, please view the agenda at www.bcnv.org/agendacenter. If you do not want to speak to a specific agenda item, please type "General Public Comment" below. Opinion Support Your Comment I am so unable to attend, but want this to go on the record. I am in favor of Resolution No. 7325. City Council should consent to renew Agreement No. 00-618A for an additional 10 years, until August 26, 2031, pursuant to Section 2 of Agreement No. 00-618A between the City and the Boulder City Rifle Pistol Club. The Boulder City Rifle Pistol Club is an asset to the community. It encourages firearm safety. It was used during wartime to help the American Army teach marksmanship. It is open to the public on Tuesdays, Thursdays, weekends and National Holidays. The events it hosts, such as the Eldorado Cowboys, Vintage Military shoot and long range competition shooting are beneficial to the community. It has also been the host for the media's range day for the Las Vegas Shotshow, and therefore helps promote tourism in Boulder City. Please vote yes on item 11. A Affirm Yes Do you wish to sign up to Yes receive future agendas and news items from the City of Boulder City? Email not displaying correctly?View it in your browser. 2 Tami McKay From: Charles Bicknell <cbickn57@gmail.com> Sent: Sunday,August 22, 2021 5:36 PM To: Tami McKay Subject: BRPC Range lease CAUTION:This email originated from outside the Boulder City,NV network.Please note the sender and maintain caution when opening external links/attachments. I support the extension of the BRPC Range lease for another 10 years. I would really like to see the extension go as far as 20 years. -- Chuck 1 Tami McKay From: Chris Friis <chrismfriis@gmail.com> Sent: Tuesday, August 24, 2021 10:21 AM To: Tami McKay Subject: Boulder city rifle and pistol club lease extension CAUTION:This email originated from outside the Boulder City, NV network. Please note the sender and maintain caution when opening external links/attachments. Good afternoon City council members, It has come to my attention that on the agenda for this evening is the discussion on a 10 year lease extension for the Boulder city rifle and pistol club. I have personally been a member for a year,as I am new to the area, and I find the club to be a very organized,safe and friendly atmosphere and very community oriented. It is my hope that the lease extension will be accepted by the council for future use by the public and members alike to participate in the sport of target shooting and archery and to continue to teach the younger generations the proper safety procedures when participating in their chosen activity. Thank you for allowing me the opportunity to express my positive feelings on the importance of the Boulder city rifle and pistol club for all to enjoy for the decades to come. Thank you in advance and best regards, Chris M. Friis 648 Avenue K Boulder City, Nevada 89005 1 Tami McKay From: tugh66@yahoo.com Sent: Monday,August 23, 2021 6:36 PM To: Tami McKay Subject: Boulder Rifle and Pistol Club CAUTION:This email originated from outside the Boulder City, NV network. Please note the sender and maintain caution when opening external links/attachments. I am a Boulder City resident and I am very much in favor of renewing the lease to the BRPC. I am a member of this club and it provides a SAFE and convenient way to use our firearms. If this lease is not renewed, I'm afraid many more people will just go out in the desert and use it as their range.And, from what I have witnessed,this creates a trash problem and unsafe conditions. Thank you for your consideration on this issue. Sincerely, Don Tschanen Sent from my iPhone 1 Tami McKay From: douglas thompson <poppop143@yahoo.com> Sent: Monday, August 23, 2021 7:42 PM To: Tami McKay Subject: Boulder Rifle and Pistol Club CAUTION:This email originated from outside the Boulder City,NV network.Please note the sender and maintain caution when opening external links/attachments. I respectfully urge you to consider approval of the 10 year extension of the club's lease. It is used by many members and nonmembers alike. Very respectfully, Douglas F. Thompson, MD 1 Tami McKay From: JOHN RYAN <john.r.ryan1@cox.net> Sent: Monday, August 23, 2021 11:12 AM To: Tami McKay Subject: Rifle range CAUTION:This email originated from outside the Boulder City,NV network.Please note the sender and maintain caution when opening external links/attachments. I am a member and I hope the council does the 10 year extention. 1 Tami McKay From: Britt West <appraisalwest@gmail.com> Sent: Monday,August 23, 2021 2:28 PM To: Tami McKay Subject: Boulder City Rifle and Pistol Club CAUTION:This email originated from outside the Boulder City,NV network.Please note the sender and maintain caution when opening external links/attachments. Hi; We are longtime residents with a large family here in town. We all fully support the BCRP as they provide a positive benefit to our community. thank you for extending their lease with reasonable terms. Britt K. West,SRA,AI-RRS Nevada Certified Appraiser A.0001946-CR https://appwest.net/ (702) 522 9737 1 Tami McKay From: Russell and Kathy Barnes <russell.kathy.barnes@gmail.com> Sent: Monday, August 23, 2021 1:43 PM To: Tami McKay Subject: BRPC Lease CAUTION:This email originated from outside the Boulder City,NV network.Please note the sender and maintain caution when opening external links/attachments. Please extend the lease for the Boulder City Rifle and Pistol Club. It is a valuable community resource for teaching and practicing gun safety. Regards, Russell and Kathy Barnes 1 Tami McKay From: baker mike <coati_2000@yahoo.com> Sent: Monday,August 23, 2021 8:26 AM To: Tami McKay Subject: BRPC Range lease agreement renewal CAUTION:This email originated from outside the Boulder City,NV network.Please note the sender and maintain caution when opening external links/attachments. Please renew the lease agreement with the Boulder Rifle and Pistol Club. The BRPC range is a valuable recreational resource to Boulder City by providing a safe and responsible shooting location. Having a proximate shooting range reduces dispersed shooting,thus less trash, poaching and vandalism in the city's open spaces. On the fiscal side, users from outside Boulder City use the range, and patronage Boulder City hotels and restaurants. Much like Bootleg canyon, Boulder City golf courses, Boulder City Art in the Park, the BRPC range is community asset that should be coveted. Thank you for your time. Mike Baker 7023724477 1 Tami McKay From: David Kozlowski <vetteski@msn.com> Sent: Monday, August 23, 2021 8:12 AM To: Tami McKay Subject: BRPC Lease CAUTION:This email originated from outside the Boulder City, NV network. Please note the sender and maintain caution when opening external links/attachments. My name is David Kozlowski. I am a resident of Boulder City and member of the community as well as the Boulder Rifle Pistol Club and I implore you to renew the lease it's this fine organization. 1 Tami McKay From: David Linderman <dlinbc@yahoo.com> Sent: Monday, August 23, 2021 7:39 AM To: Tami McKay Subject: Boulder Rifle and Pistol Club Lease CAUTION:This email originated from outside the Boulder City,NV network.Please note the sender and maintain caution when opening external links/attachments. I support the Boulder Rifle and Pistol Club renewing their lease. Having a safe and convenient range in Boulder City adds value to Boulder City. David Linderman 779 Fairway Drive Boulder City, Nevada 89005 1 Tami McKay From: GERI HIBBARD <gmh410@aol.com> Sent: Monday, August 23, 2021 5:35 AM To: Tami McKay Subject: Renewing lease CAUTION:This email originated from outside the Boulder City, NV network. Please note the sender and maintain caution when opening external links/attachments. I am a part time resident of Boulder City and a member of the club. I am not there now, but want to express my support of the 10 year renewal of the lease. Don Hibbard Sent from my iPad 1 Tami McKay From: Shirlee Lopan <shirleelopan.sl@gmail.com> Sent: Monday, August 23, 2021 3:18 AM To: Tami McKay Subject: BRPC - Support New 10 Year Lease CAUTION:This email originated from outside the Boulder City, NV network. Please note the sender and maintain caution when opening external links/attachments. Hi. My name is Shirlee Lopan and my husband is Larry Lopan,and we have both been members of the BRPC for years. We both support the new 10 year Lease as this Club and this shooting range gives the people a nice and safe place to bring their families to practice shooting as well as it offers instruction for safe shooting as well as instruction for obtaining a conceal carry permit. Please allow the new Lease to be signed. Thank you. Sent from my iPad Larry&Shirlee Lopan 1 Tami McKay From: Gene InVegas <E3688E@msn.com> Sent: Sunday,August 22, 2021 9:56 PM To: Tami McKay Subject: Boulder City Range 10 year option CAUTION:This email originated from outside the Boulder City,NV network.Please note the sender and maintain caution when opening external links/attachments. As a military veteran, and a retired LVMPD police officer, I ask that you grant the Boulder City range the 10 years option. My son and I have spent many hours of joy as with other families at the range. It's a great outdoor activity that I hope will continue in the future. Eugene L Engle. 702-432-6963. 1 Tami McKay From: J. Bronstein <blastoe@hotmail.com> Sent: Sunday, August 22, 2021 8:16 PM To: Tami McKay Subject: YES on Boulder Rifle and Pistol Club range lease extension CAUTION:This email originated from outside the Boulder City,NV network.Please note the sender and maintain caution when opening external links/attachments. To the Clerk and City Council: It is my understanding that Boulder City Council will consider the 10 year lease option on the BRPC Range at the Tuesday August 24, 2021 City Council meeting. The range is a facility of national quality, hosting a wide variety of shooting sports events,the Annual Shot Show, and training events for those who wish to handle firearms for sporting or defensive purposes. It does all this while exacting little or no cost to the city. The range dates back to the founding era of Boulder City, and it should be allowed to continue operations not just for an additional 10 years, but indefinitely, so long as it is managed, maintained and improved as it has been for all these many decades. Due to the current Covid-19 situation, I will not attend the Council meeting, but do encourage lease renewal. John M. Bronstein -868 Robinson Lane, Boulder City, Nevada 1 Tami McKay From: Bruce McCarroll <bmc9@cox.net> Sent: Sunday,August 22, 2021 6:49 PM To: Tami McKay Subject: Boulder Rifle and Pistol Club lease CAUTION:This email originated from outside the Boulder City, NV network. Please note the sender and maintain caution when opening external links/attachments. Please approve the 10 yr lease for the Boulder Rifle and Pistol Club. I have worked as a volunteer Range Safety Officer and NRA Instructor for well over 15 years(now retired.)This club is well run by our Board of Directors,well maintained and safe. Among the many disciplines we have an excellent youth group for young ones between the ages of 11 and 20 years old. Two of the young women have progressed to state and national competitions. Thank you, Bruce McCarroll 1806 Hilton Head Drive Boulder City NV 89005 bmc9@cox.net 1 Tami McKay From: Dennis Cloud <dmcloud58@cox.net> Sent: Sunday, August 22, 2021 5:40 PM To: Tami McKay Subject: 10 year extension to the Boulder city range CAUTION:This email originated from outside the Boulder City, NV network. Please note the sender and maintain caution when opening external links/attachments. My name is Dennis Cloud and I live at 823 Pebble Beach Dr. in Boulder city, I have been a resident for over 40 years of Boulder city and I use the Boulder city rifle range several times a week. Please extend the 10 year option . Sent from my iPhone 1 Tami McKay From: MARK SORENSEN <msorensen3@cox.net> Sent: Sunday, August 22, 2021 5:24 PM To: Tami McKay Subject: BRPC LEASE RENEWAL CAUTION:This email originated from outside the Boulder City,NV network.Please note the sender and maintain caution when opening external links/attachments. Hello; my name is Mark Sorensen and my family moved to Boulder City in 1974 and our extended family currently reside in three single family residences in Boulder City. Three generations of the Sorensen family have enjoyed the range and it has become a very important part of our lives. The range has features and ease of use that is very rare, if not unique among shooting(and now archery)facilities. Please renew the lease for this very important part of Boulder City's history and culture! 1 Tami McKay From: Nate Musliner <nmusliner@gmail.com> Sent: Sunday, August 22, 2021 4:01 PM To: Tami McKay CAUTION:This email originated from outside the Boulder City,NV network.Please note the sender and maintain caution when opening external links/attachments. I have been a member of the BCRP Range for many years I and my immediate family enjoy it very much. Teaching self defense and safety. PLEASE,vote for an additional 10 years to our existing lease agreement. Professionally, Edward "Nate " Musliner Prominent Realty Group nmusliner@gmail.com 702 275 5458 1 Tami McKay From: Ralph Kouns <rdkouns@gmail.com> Sent: Sunday,August 22, 2021 4:08 PM To: Tami McKay CAUTION:This email originated from outside the Boulder City,NV network.Please note the sender and maintain caution when opening external links/attachments. RENEW our lease for the range. It's a very important for our diverse community. 1 Stacey Brownfield From: noreply@civicplus.com Sent: Tuesday,August 24, 2021 12:14 PM To: City Clerk Subject: Online Form Submittal: Meetings Comment Form CAUTION: This email originated from outside the Boulder City, NV network. Please note the sender and maintain caution when opening external links/attachments. Meetings Comment Form Meetings Public Comment Form Please complete this form if you would like to provide your comment on an item to be discussed at a Boulder City Council, Committee or Commission meeting. Comments should be addressed to the Council as a whole, not to an individual member. Thank you for your cooperation and participation. The Mayor and Boulder City Council request that all comments are expressed in a courteous manner. If you choose to comment, messages are limited to five minutes each. PLEASE NOTE: Comments received after 4:00 PM the day of the scheduled meeting may not be included in the record. You are encouraged to send in your comments early to allow for distribution to City Council, Committee or Commission members for review. First Name James C. Last Name Douglass Email Address 2768k@cox.net Phone Number 7022935245 Address 1436 Pueblo Dr City Boulder City State NV Zip 89005 If you are representing N/A someone other than yourself, please indicate who you are 1 representing(i.e.family member,organization). Do you wish to speak? No Meeting Date and/or 24 August, 2021 Boulder City City Council Meeting Function Agenda Item: If unsure of the Item 11 item, please view the agenda at www.bcnv.org/agendacenter. If you do not want to speak to a specific agenda item, please type"General Public Comment" below. Opinion Support Your Comment I strongly urge approval of Resolution No.7325, renewing the City's agreement with the Boulder City Rifle and Pistol Club for an additional ten (10)year period pursuant to its terms until August 26, 2031. I do so not only as a long term member of the BCRPC who uses the range routinely (once a week, weather and other commitments permitting) but as a member of the community as well. Having a safe and secure facility where people can hone their shooting skills benefits both Boulder City and the entirety of Clark County. Thank you for your time. (s) James C. Douglass Affirm Yes Do you wish to sign up to No receive future agendas and news items from the City of Boulder City? Email not displaying correctly?View it in your browser. 2 Stacey Brownfield From: noreply@civicplus.com Sent: Tuesday, August 24, 2021 8:34 AM To: City Clerk Subject: Online Form Submittal: Meetings Comment Form CAUTION: This email originated from outside the Boulder City, NV network. Please note the sender and maintain caution when opening external links/attachments. Meetings Comment Form Meetings Public Comment Form Please complete this form if you would like to provide your comment on an item to be discussed at a Boulder City Council, Committee or Commission meeting. Comments should be addressed to the Council as a whole, not to an individual member. Thank you for your cooperation and participation. The Mayor and Boulder City Council request that all comments are expressed in a courteous manner. If you choose to comment, messages are limited to five minutes each. PLEASE NOTE: Comments received after 4:00 PM the day of the scheduled meeting may not be included in the record. You are encouraged to send in your comments early to allow for distribution to City Council, Committee or Commission members for review. First Name Donald Last Name Green Email Address barbarajw44@outlook.com Phone Number 7252330492 Address 1200 Industrial Rd., Lot 8 City Boulder City State Nevada Zip 89005 If you are representing Boulder City Rifle and Pistol Club someone other than yourself, please indicate who you are 1 representing(i.e.family member,organization). Do you wish to speak? No Meeting Date and/or August 24, 2021 Function Agenda Item: If unsure of the Exension of the BCRP range lese for another ten years. item, please view the agenda at www.bcnv.org/agendacenter. If you do not want to speak to a specific agenda item, please type"General Public Comment" below. Opinion Support Your Comment The Boulder City Rifle and Gun Club contributes to the Boulder City, Nevada community with revenues that come into the City with visitors to the gun range annually. These visitors additionally utilize the restaurants and stores in Boulder City. Affirm Yes Do you wish to sign up to Yes receive future agendas and news items from the City of Boulder City? Email not displaying correctly?View it in your browser. 2 Tami McKay From: BrockADavis@aol.com Sent: Sunday, August 22, 2021 4:22 PM To: Tami McKay Cc: brockadavis Subject: Please Support the Historic BCRP Club's lease extension. CAUTION:This email originated from outside the Boulder City,NV network.Please note the sender and maintain caution when opening external links/attachments. I am writing to ask for the Boulder City Council to continue support for the Boulder City Rifle Pistol Club and approve the lease extension for our Historic range. Originally constructed in 1938 by The the Army Corp of Engineers with a 1000 yard range it is as Historic as any Boulder City Building or tradition. kle, As a Boulder City native born here in 1954, I have memories of shooting at the range as an NHRA Junior Shooter and throughout my life... Pulling and marking targets for the shooters on the 1000 yard range remains a highlight of my memory of growing up in Boulder City, NV. BCRPC continues to provide a World Class safe, comfortable, enjoyable range for Juniors and Adults to enjoy the shooting sports. Not just for our Boulder City Residents but for members and visitors from all over our Country and from all over the world. I've had the privilege of working at the Shot Show Range Day with exhibitors and companies that come to our town from all over the world. I look forward to doing that again. I'm available for any elaboration needed. Sincerely Brock Davis BrockADavis@aol.com 702-592-8888 1100 Fifth Street Boulder City, Nevada 89005 1 Tami McKay From: noreply@civicplus.com Sent: Monday,August 23, 2021 8:10 PM To: City Clerk Subject: Online Form Submittal: Meetings Comment Form CAUTION: This email originated from outside the Boulder City, NV network. Please note the sender and maintain caution when opening external links/attachments. Meetings Comment Form Meetings Public Comment Form Please complete this form if you would like to provide your comment on an item to be discussed at a Boulder City Council, Committee or Commission meeting. Comments should be addressed to the Council as a whole, not to an individual member. Thank you for your cooperation and participation. The Mayor and Boulder City Council request that all comments are expressed in a courteous manner. If you choose to comment, messages are limited to five minutes each. PLEASE NOTE: Comments received after 4:00 PM the day of the scheduled meeting may not be included in the record. You are encouraged to send in your comments early to allow for distribution to City Council, Committee or Commission members for review. First Name LAURIE Last Name MORANG Email Address Imorang@cox.net Phone Number 7022453534 Address 1610 Broadmoor Circle City Boulder City State NV Zip 89005 If you are representing Field not completed. someone other than yourself, please indicate who you are I. representing (i.e.family member,organization). Do you wish to speak? No Meeting Date and/or 8/24/2021 City Council Function Agenda Item: If unsure of the BRPC Range- renew the lease for 10 years. item, please view the agenda at www.bcnv.org/agendacenter. If you do not want to speak to a specific agenda item, please type "General Public Comment" below. Opinion Support Your Comment I have finally become a member after many years of being on a wait list. Now that we are able to go as a member, and not a non member, I enjoy the perks. Please renew the lease! Affirm Yes Do you wish to sign up to No receive future agendas and news items from the City of Boulder City? Email not displaying correctly?View it in your browser. 2 Stacey Brownfield From: noreply@civicplus.com Sent: Monday, August 23, 2021 4:38 PM To: City Clerk Subject: Online Form Submittal: Meetings Comment Form CAUTION: This email originated from outside the Boulder City, NV network. Please note the sender and maintain caution when opening external links/attachments. Meetings Comment Form Meetings Public Comment Form Please complete this form if you would like to provide your comment on an item to be discussed at a Boulder City Council, Committee or Commission meeting. Comments should be addressed to the Council as a whole, not to an individual member. Thank you for your cooperation and participation. The Mayor and Boulder City Council request that all comments are expressed in a courteous manner. If you choose to comment, messages are limited to five minutes each. PLEASE NOTE: Comments received after 4:00 PM the day of the scheduled meeting may not be included in the record. You are encouraged to send in your comments early to allow for distribution to City Council, Committee or Commission members for review. First Name Chuck Last Name Gebhart Email Address opiebcfd@gmail.com Phone Number 7029304447 Address 1509 MANCHA DRIVE City BOULDER CITY State NV Zip 89005 If you are representing Field not completed. someone other than yourself, please indicate who you are 1 representing(i.e.family member,organization). Do you wish to speak? No Meeting Date and/or Aug. 24. 2021. Council meeting Function Agenda Item: If unsure of the Resolution#7325 item, please view the agenda at www.bcnv.org/agendacenter. If you do not want to speak to a specific agenda item, please type"General Public Comment" below. Opinion Support Your Comment Please approve this resolution/extension of the Lease for Boulder City Rifle and Pistol club. This is a great training facility. Their classes are very popular and professionally done. The education they provide to all ages is invaluable. It is a great family friendly place to enjoy in our small community. Thank you in advance for continuing to create, maintain and enhance our community with places such as the BCR&PC. Affirm Yes Do you wish to sign up to No receive future agendas and news items from the City of Boulder City? Email not displaying correctly?View it in your browser. 2 Stacey Brownfield From: noreply@civicplus.com Sent: Monday, August 23, 2021 10:12 AM To: City Clerk Subject: Online Form Submittal: Meetings Comment Form CAUTION: This email originated from outside the Boulder City, NV network. Please note the sender and maintain caution when opening external links/attachments. Meetings Comment Form Meetings Public Comment Form Please complete this form if you would like to provide your comment on an item to be discussed at a Boulder City Council, Committee or Commission meeting. Comments should be addressed to the Council as a whole, not to an individual member. Thank you for your cooperation and participation. The Mayor and Boulder City Council request that all comments are expressed in a courteous manner. If you choose to comment, messages are limited to five minutes each. PLEASE NOTE: Comments received after 4:00 PM the day of the scheduled meeting may not be included in the record. You are encouraged to send in your comments early to allow for distribution to City Council, Committee or Commission members for review. First Name Jerry Last Name Berg Email Address debjerberg@cox.net Phone Number 7607929376 Address 1628 Georgia Ave City Boulder City State Nevada Zip 89005 If you are representing Field not completed. someone other than yourself, please indicate who you are 1 representing(i.e.family member,organization). Do you wish to speak? No Meeting Date and/or 8-24-21 Boulder Gun Range Function Agenda Item: If unsure of the General Public Comment item, please view the agenda at www.bcnv.org/agendacenter. If you do not want to speak to a specific agenda item, please type"General Public Comment" below. Opinion Support Your Comment I have belonged to the Boulder Gun Club since I moved back here 5 years ago. It is a fun, safe place to enjoy the shooting sports. By having a safe place to shoot, we don't need to go out into the desert or drive to a range in Henderson/Las Vegas. When I have friends join me for a day at the range, we usually meet at one of our towns eateries for breakfast and then go to Jack's Place or the Elks for a beer or two afterwards. By having this great facility in town, all of our time and money is spent here like it should be. Thanl you. Affirm Yes Do you wish to sign up to No receive future agendas and news items from the City of Boulder City? Email not displaying correctly?View it in your browser. 2 Stacey Brownfield From: noreply@civicplus.com Sent: Monday, August 23, 2021 8:27 AM To: City Clerk Subject: Online Form Submittal: Meetings Comment Form CAUTION: This email originated from outside the Boulder City, NV network. Please note the sender and maintain caution when opening external links/attachments. Meetings Comment Form Meetings Public Comment Form Please complete this form if you would like to provide your comment on an item to be discussed at a Boulder City Council, Committee or Commission meeting. Comments should be addressed to the Council as a whole, not to an individual member. Thank you for your cooperation and participation. The Mayor and Boulder City Council request that all comments are expressed in a courteous manner. If you choose to comment, messages are limited to five minutes each. PLEASE NOTE: Comments received after 4:00 PM the day of the scheduled meeting may not be included in the record. You are encouraged to send in your comments early to allow for distribution to City Council, Committee or Commission members for review. First Name Mike Last Name Baker Email Address coati_2000@yahoo.com Phone Number 7023724477 Address 304 lakeview drive City boulder city State nevada Zip 89005 If you are representing Field not completed. someone other than yourself, please indicate who you are 1 representing(i.e.family member,organization). Do you wish to speak? No Meeting Date and/or August 24, 2021 Function Agenda Item: If unsure of the BRPC Boulder City Council Range Lease Agreement item, please view the agenda at www.bcnv.org/agendacenter. If you do not want to speak to a specific agenda item, please type"General Public Comment" below. Opinion Support Your Comment Please renew the lease agreement with the Boulder Rifle and Pistol Club. The BRPC range is a valuable recreational resource to Boulder City by providing a safe and responsible shooting location. Having a proximate shooting range reduces dispersed shooting, thus less trash, poaching and vandalism in the city's open spaces. On the fiscal side, users from outside Boulder City use the range, and patronage Boulder City hotels and restaurants. Much like Bootleg canyon, Boulder City golf courses, Boulder City Art in the Park, the BRPC range is community asset that should be coveted. Thank you for your time. Affirm Yes Do you wish to sign up to Yes receive future agendas and news items from the City of Boulder City? Email not displaying correctly?View it in your browser. 2 Stacey Brownfield From: noreply@civicplus.com Sent: Sunday, August 22, 2021 8:42 PM To: City Clerk Subject: Online Form Submittal: Meetings Comment Form CAUTION: This email originated from outside the Boulder City, NV network. Please note the sender and maintain caution when opening external links/attachments. Meetings Comment Form Meetings Public Comment Form Please complete this form if you would like to provide your comment on an item to be discussed at a Boulder City Council, Committee or Commission meeting. Comments should be addressed to the Council as a whole, not to an individual member. Thank you for your cooperation and participation. The Mayor and Boulder City Council request that all comments are expressed in a courteous manner. If you choose to comment, messages are limited to five minutes each. PLEASE NOTE: Comments received after 4:00 PM the day of the scheduled meeting may not be included in the record. You are encouraged to send in your comments early to allow for distribution to City Council, Committee or Commission members for review. First Name John Last Name Bronstein Email Address blastoe@hotmail.com Phone Number 7022212731 Address 868 Robinson Lane City Boulder City State Nevada Zip 89005 If you are representing Field not completed. someone other than yourself, please indicate who you are 1 representing (i.e.family member, organization). Do you wish to speak? No Meeting Date and/or August 24th, 2021 -City Council Meeting Function Agenda Item: If unsure of the Item 11: Resolution No. 7325, to renew Agreement No. 00- item, please view the agenda 618A for an additional at ten (10)years between the City and the Boulder City Rifle www.bcnv.org/agendacenter. and Pistol Club If you do not want to speak to a specific agenda item, please type "General Public Comment" below. Opinion Support Your Comment The Boulder Rifle and Pistol Club range is a facility of national stature, dating back to the City's founding era, hosting a broad array of shooting sports events, the annual national Shot Show, and frearm safety training classes. Many of these shooting events and training classes are open to the general public, regardless of club membership. The facility has been and continues to be upgraded and improved, year by year, throughout its history, up to the present day. There should be no question of continuing the City's lease of the land for this premier facility, one of the many attractions and facilities that make Boulder City a desirable place to visit and live. Yes on lease renewal. John Bronstein, Robinson Lane, Boulder City Affirm Yes Do you wish to sign up to No receive future agendas and news items from the City of Boulder City? Email not displaying correctly?View it in your browser. 2 Approval of minutes SUBJECT: For possible action: Approval of the minutes of the August 10, 2021, regular meeting ADDITIONAL INFORMATION: ATTACHMENTS: Description Type DRAFT Minutes Cover Memo 5 DRAFT Minutes of the August 10, 2021 regular City Council meeting 1 CITY COUNCIL REGULAR MEETING MINUTES COUNCIL CHAMBER, 401 CALIFORNIA AVENUE BOULDER CITY, NEVADA 89005 Tuesday, August 10, 2021 – 7:00 PM CALL TO ORDER The regular meeting of the Boulder City Council, County of Clark, State of Nevada, was called to order at 7:00 P.M., Tuesday, August 10, 2021, in the Council Chamber, City Hall, by Mayor McManus in due compliance with law, the Charter, and the Council’s Rules of Procedure. Council members present: Mayor Kiernan McManus, Adams, Council member Claudia Bridges, Council member Mathew Fox, Council member Sherri Jorgensen (4) Absent: Council member James Howard Adams (1) Also present: City Manager Taylour Tedder, Acting City Clerk Tami McKay, City Attorney Brittany Walker (Staff was in City Hall in their respective offices streaming the meeting) Mayor McManus called the meeting to order. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Ed Bruning of Our Savior Lutheran Church provided the invocation followed by the Pledge of Allegiance. PUBLIC ANNOUNCEMENTS Angela Mannenin, Budget Manager, said in an effort to create more transparency, Finance created several summary publications that are available on the City’s website. She said a new budget book had been created for FY 2022 which included each department’s budgets and statistics. She said they were very proud of it and thanked Brok Armantrout for his assistance. She said they would be submitting it to GFOA with the hope of receiving an award. She said Finance also purchased new software to present the budget more efficient and in an easier to read format. She said questions could be emailed to finance@bcnv.org. Mayor McManus thanked all of the employees for their efforts to remodel the Council Chamber. 6 DRAFT Minutes of the August 10, 2021 regular City Council meeting 2 ADMINISTRATION OF OATH OF OFFICE TO NEWLY APPOINTED CITY MANAGER TAYLOUR TEDDER AND MARSHALS JAMES CARPENTER AND ANDREW FRECHETTE Acting City Clerk McKay administered the oath of office to City Manager Taylour Tedder. City Manager Tedder thanked the Mayor and Council for the opportunity to manage the City. He said staff had made him feel very welcome. Police Chief Shea administered the oath of office to Marshals James Carpenter and Andrew Frechette Mayor McManus thanked the Marshals and welcomed them to Boulder City. PUBLIC COMMENT Mayor McManus opened public comment. Judy Dechaine said she emailed all of the Council members earlier that day. She said with respect to Item No. 6, there were approximately 310 full-time and part-time employees and 151 classifications which seemed overkill. She said with respect to Item No. 8, there were no concerns because the Board never met. She said she hoped the bill introduction on Item 12 did not come back before the Council on the Consent Agenda. She said the way it was written would allow a City officer to go into a business and suspend or revoke their license which was unfair. She said it should not be right for one person to determine if the businesses were following protocol. She also pointed out there was no appeal process, and the holding period seemed unusual. Item regarding opioid: she said this should come back on a future agenda item. She said she wants to know why it was approved without council approval. She said there was a conflict of interest. She thanked the current city attorney for bringing it forward. No further comments were offered and public comment was closed. FOR POSSIBLE ACTION: APPROVAL OF REGULAR AGENDA Motion: Approve the Regular Agenda Moved by: Council member Jorgensen Seconded by: Council member Bridges Vote: AYE: Mayor McManus, Council member Bridges, Council member Fox, Council member Jorgensen (4) NAY: None (0) 7 DRAFT Minutes of the August 10, 2021 regular City Council meeting 3 Absent: Council member Adams (1) The motion was approved. Acting City Clerk McKay noted there were minor corrections to the minutes which were before them and said they would be uploaded to the packet within 24-hours. FOR POSSIBLE ACTION: APPROVAL OF CONSENT AGENDA CONSENT AGENDA 1. For possible action: Approval of minutes A. June 22, 2021 regular meeting B. July 13, 2021 regular meeting 2. For possible action: Resolution No. 7310, a resolution of the City Council of Boulder City, Nevada, approving Consent Agreement for BFE, LLC Sublandlord of Boulder City Airport Properties to enter into a sublease agreement with Piranha Aerospace LLC A staff report was submitted by Administrative Services Director Bryce Boldt and included in the August 10, 2021, City Council Agenda packet. 3. For possible action: Resolution No. 7311, a resolution of the City Council of Boulder City, Nevada, approving Consent Agreement for BFE, LLC Sublandlord of Boulder City Airport Properties to enter into a sublease agreement with Atlas Aircraft Center, Inc. A staff report was submitted by Administrative Services Director Bryce Boldt and included in the August 10, 2021,City Council Agenda packet. 4. For possible action: Resolution No. 7312, a resolution of the City Council of Boulder City, Nevada, approving final acceptance, final payment, and release of bonds and retention funds for the Hemenway Park Bighorn Sheep Habitat, B.C. Project No. 21- 1123-RE A staff report was submitted by Public Works Director Keegan Littrell and included in the August 10, 2021,City Council Agenda packet. 5. For possible action: Resolution No. 7313, a resolution of the City Council of Boulder City, Nevada, approving Agreement No. 21-1932 between the City of Boulder City and GCW, Inc. to provide professional engineering services for the Pavement Management System Program Manager Project, Arterial Reconstruction: Fiscal Year 2021, B.C. Project No. 20-1114-STR 8 DRAFT Minutes of the August 10, 2021 regular City Council meeting 4 A staff report was submitted by Public Works Director Keegan Littrell and included in the August 10, 2021, City Council Agenda packet. Motion: Approve the Consent Agenda Moved by: Council member Bridges Seconded by: Mayor McManus Vote: AYE: Mayor McManus, Council member Bridges, Council member Fox, Council member Jorgensen (4) NAY: None (0) Absent: Council member Adams, (1) The motion was approved. REGULAR AGENDA 6. For possible action: Matters pertaining to the City Classification and Compensation Study: A staff report was submitted by Administrative Services Director Bryce Boldt and included in the August 10, 2021, City Council Agenda packet. A. City Council to receive a presentation from Dr. Linda Recio of Evergreen Solutions, LLC regarding the classification and compensation study plan Dr. Recio provided a PowerPoint presentation. She said the agenda included a study initiation, assessment of current conditions, job assessment tools, salary and benefits surveys, and developing a compensation philosophy. B. City Council direction regarding comparable peer entities Mayor McManus said Boulder City was a small community with conservative growth policy and next door to one of the fastest growing metropolitan cities. He said he understood Boulder City was in the same labor market as the neighboring cities, but did not believe we needed to be at the top of the market. He said it was important to factor in not only salary, but the benefits package offered to the employees. He said many private companies did not offer benefits nor do some of the other governmental agencies. He said that was a substantial part of the study in order to make the best decisions. He suggested evaluating other small communities throughout Nevada and determine what they are doing with respect to classifications. He said Boulder City had one classification per two employees which seems to be too much. 9 DRAFT Minutes of the August 10, 2021 regular City Council meeting 5 He said management compensation was generally considered separate from other employees because of the potential of an upward pull. He said he believed in merit pay and said it would be negotiated with the unions. He said there were down sides to merit rewards, but he thought they had significant use within the employee workforce. He said the tenure is typically long in Boulder City and he believed it has to do with the benefits package offered to employees. He said he believed long-term employees are valuable to the City. Council member Bridges said the criteria is not just about pay. She said housing affordability was a factor. She asked Dr. Recio if the number of job classifications within the City was abnormal and Dr. Recio said job classification would be included in the study. Council member Bridges questioned Boulder City’s location to Las Vegas which was approximately 30 miles. She said although Boulder City is considered rural, for all intents and purposes, it is a suburb of a metropolitan city. She asked about the differences in comparing cities that were 60 or 90 miles away from a metropolitan city. Dr. Recio said it would be important to determine other smaller cities located outside of metropolitan cities and suggested looking outside of Nevada for comparisons. She said compensation wasn’t about salary solely. She said benefits would be factored in and she believed Boulder City’s were higher than a lot of other cities. She said they would also be factoring in adjustments according to cost of living. Council member Jorgensen said Boulder City was unique because Las Vegas is so accessible and said it was an easy commute to Las Vegas. She asked Dr. Recio if they had studied a past situation similar to Boulder City. Dr. Recio assured the Council they would research and evaluate several comparable cities including those outside of Nevada. Mayor McManus suggested Evergreen take into consideration that Boulder City owns its own utility which requires additional employees with a certain skill set. He said there were a few positions that frequently remain unfilled and asked if it was due to compensation or because people with those skill sets were unavailable. C. City Council direction regarding compensation philosophy Council member Bridges said her compensation philosophy was meeting the market. She said she didn’t believe Boulder City needed to follow or lead the market, but believed in meeting the market to attract quality employees. Mayor McManus stated the City had a lot of part-time employees and didn’t want to be seen as an employer who hired people to work less than 30-hours to avoid benefits. He said that was not a good way to treat employees or retain employees. He suggested looking at wage levels and determine why there were so many part-time employees. 10 DRAFT Minutes of the August 10, 2021 regular City Council meeting 6 Dr. Recio said the next steps would include presenting to the Human Resources Department, determining other organizations, evaluate internal and external analysis, salary surveys, benefit surveys, compare assessments, and prepare draft solutions. Mayor McManus suggested draft information provided to HR and the City Manager also be forwarded to the City Council to provide sufficient time for them to review it. 7. Presentation regarding Boulder City Police Department Crime and Activity Data A staff report was submitted by Police Chief Tim Shea and included in the August 10, 2021, City Council Agenda packet. Chief Shea provided a PowerPoint presentation of activity for the calendar year 2020. He presented an organizational chart pointing out new positions. He said there were three mid-managers, and in support services, were first-line supervisors. He said this helped spread the functions for better budgeting and prioritization. He explained the crime reporting mechanism currently used is a reporting system through the FBI, but it would be changed to incident-based reporting which was more applicable to the activity taking place in Boulder City. He provided a comparison crime rate chart which compared crime throughout Nevada and throughout the United States. He said the crime rate per capita was low in Boulder City. Council member Bridges said the report was great. She said she reads posts on social media about crime taking place in Boulder City and asked if the increase in theft was significant? Chief Shea said to keep in mind the statistics only represent crimes that are reported. He said it was also important to keep in mind they are cyclic and some of the reported crimes were committed by kids. He said social media information is not based on data. Council member Bridges thanked Chief Shea and said the police department was doing a great job. Mayor McManus said citizens can access crime data information online and thanked Chief Shea. 8. Introduction of Bill No. 1905, an ordinance of the City of Boulder City amending the Boulder City Municipal Code Title 4, “Business Regulations,” Chapter 1, “Business License,” Section 22 “License Classifications and Fees” to repeal the establishment of the Special Events License Review Board by ordinance, and other matters properly related thereto A staff report was submitted by City Attorney Brittany Walker and included in the August 10, 2021, City Council Agenda packet. Motion: Introduce Bill No. 1905 11 DRAFT Minutes of the August 10, 2021 regular City Council meeting 7 Introduced by: Council member Bridges Bill No. 1905 will be considered at the August 24, 2021 regular City Council meeting. 9. Introduction of Bill No. 1906, an ordinance amending the Boulder City Municipal Code Title 4, “Business Regulations,” Chapter 7, “Secondhand and Junk Dealers,” to clarify the types of conduct and persons exempted from the provisions of the Chapter, and other matters properly related thereto A staff report was submitted by City Attorney Brittany Walker and included in the August 10, 2021, City Council Agenda packet. Motion: Introduce Bill No. 1906 Introduced by: Council member Bridges Bill No. 1906 will be considered at the August 24, 2021 regular City Council meeting. 10. For possible action: Consideration of Bill No. 1904, an ordinance of the City of Boulder City approving Agreement No. 00-666A, a lease between the City of Boulder City and NCWPCS MPL 28 - Year Sites Tower Holdings LLC to lease land for an existing cellular communications tower site located 2,200 feet north of the US 95/Interstate 11 interchange A staff report was submitted by Finance Director Diane Pelletier and included in the August 10, 2021, City Council Agenda packet. Finance Director Pelletier provided a brief overview of the staff report noting this lease agreement was for an existing cell tower lease that expired August 21, 2020. She said the tenant was renting until the terms were negotiated for a new lease for a 10-year period with one five-year option. She said the annual rent will increase by approximately 3% per year. She said the bill had been introduced at the July 13, 2021 City Council meeting. Motion: Approve Bill No. 1904 Moved by: Council member Bridges Seconded by: Council member Jorgensen Vote: AYE: Mayor McManus, Council member Bridges, Council member Fox, Council member Jorgensen (4) NAY: None (0) 12 DRAFT Minutes of the August 10, 2021 regular City Council meeting 8 Absent: Council member Adams, (1) The motion was approved. Bill No. 1904 will be known as Ordinance No. 1668 effective August 18, 2021. 11. For possible action: Matters pertaining to the vacation of easements of existing residential properties: A staff report was submitted by Public Works Director Keegan Littrell and included in the August 10, 2021, City Council Agenda packet. Public Works Director Littrell provided a brief overview noting this item pertained to the vacation of two utility easements on existing residential properties. He described each easement noting one of the residents purchased property from the City so the easement now runs through the middle of the property. He said the City had no utilities in that area and no issues with vacating it. He said the second property owner would like to purchase property adjacent to his current residence which would place the easement through the center of his property. He said there were no utilities in that area and had no issues with vacating the easement. A. Public hearing on the vacation of utility easements Mayor McManus noted this was the time and place scheduled to conduct a public hearing and asked for public input. Judy Dechaine asked if the City should consider moving the easement over to the edge of the property in case someone else in the future needs it. She said there may be a need for it to access their property. She asked if a policy could be established to move the easement out of the way of the property owner, but available to use in the future. No further comments were offered and the hearing was declared closed. Public Works Director Littrell said if the property were sold in the future, the City would require a utility easement from the new owner, if needed. B. Resolution No. 7314, a resolution of the City Council of Boulder City, Nevada vacating utility easements across 115 Casa Montana Court and 116 Stone Canyon Road Motion: Approve Resolution No. 7314 Moved by: Council member Bridges Seconded by: Council member Jorgensen Vote: AYE: Mayor McManus, Council member Bridges, Council member Fox, Council member Jorgensen (4) 13 DRAFT Minutes of the August 10, 2021 regular City Council meeting 9 NAY: None (0) Absent: Council member Adams, (1) The motion was approved. C. Resolution No. 7315, a resolution of the City Council of Boulder City, Nevada vacating a utility easement across 383 Claremont Street Motion: Approve Resolution No. 7315 Moved by: Council member Jorgensen Seconded by: Council member Bridges Vote: AYE: Mayor McManus, Council member Bridges, Council member Fox, Council member Jorgensen (4) NAY: None (0) Absent: Council member Adams, (1) The motion was approved. 12. For possible action: Matters related to opioid litigation A staff report was submitted by City Attorney Brittany Walker and included in the August 10, 2021, City Council Agenda packet. A. Resolution No. 7316, a resolution of the City Council of Boulder City approving the One Nevada Agreement on Allocation of Opioid Recoveries City Attorney Walker said she would like to briefly present Item 12A and have it considered by Council before moving on to Items 12B&C. Mayor McManus said with respect to this item, he has had past discussions and received presentations a couple of years ago from other government agencies knowing this litigation would be brought forward. City Attorney Walker provided an overview of her staff report noting Resolution No. 7316 would approve the One Nevada Agreement on Allocation Of Opioid Recoveries. She said it was a multi-jurisdiction litigation and the agreement would provide a plan to allocate any settlement monies to all jurisdictions in Nevada at a following a set formula. She recommended the City enter into the agreement. She said this would provide a plan for how funds from the settlement or related bankruptcy distribution were allocated among the State and various local government entities. 14 DRAFT Minutes of the August 10, 2021 regular City Council meeting 10 In response to a question from Mayor McManus, City Attorney Walker noted the allocation was based upon per-capita harm to the community. Council member Bridges said based upon the amount awarded to the State of Nevada, the amount determined for Boulder City was 1.148%. City Attorney Walker clarified the amount awarded to the City would be .148% not 1.148% Mayor McManus said it was important to not reinvent the wheel. He said the State had already done a considerable amount of work. He said Boulder City had been late to respond so someone from the State contacted the City Attorney’s office. Council member Jorgensen asked how the data would be collected to determine Boulder City’s share. City Attorney Walker said she could ask for the data from the State. She said the data is tracked by the Federal Government. Motion: Approve Resolution No. 7316 Moved by: Mayor McManus Seconded by: Council member Bridges Vote: AYE: Mayor McManus, Council member Bridges, Council member Fox, Council member Jorgensen (4) NAY: None (0) Absent: Council member Adams, (1) The motion was approved B. Discussion and direction regarding the selection of outside legal counsel for opioid-related litigation City Attorney Walker noted per the City’s purchasing plan, any contract over the amount of $150K must be approved by the City Council. She noted that the former City Manager retained the law firm of Keller Lenkner in February of 2019. She said she was now seeking direction from City Council on the selection of outside counsel. She said the City Council could go a different direction, but the existing firm of Keller Lenkner located in Ohio and local law firm, Jolley Urga had represented the City well and they would still be entitled to compensation on services provided on the case. Mayor McManus said he had brought this litigation to the attention of the former city manager and former city attorney on several occasions. He said he had been told it wouldn’t affect Boulder City and later learned the City had taken action. He said it was personally disappointing to him and a disservice to the community. He said unlike the State of Nevada, the local firm had not looked for all of the litigation options. He also pointed out the local law firm owner is the father of the previous mayor. He 15 DRAFT Minutes of the August 10, 2021 regular City Council meeting 11 said he has questions he has not had the opportunity to ask or get the answers to and preferred to not move forward with the resolution at this time. He said clearly this litigation had been going on for years and continue to go on for several more years. He said he didn’t believe it was urgent to make a decision and said he would like additional time. City Attorney Walker said the matter before them was whether to continue with the current law firm or explore other law firms. She asked that Council direction be provided. Attorney Seth Meyer representing the law firm of Keller Lenkner called in so he could be available for questions. Council member Bridges said she was impressed with the current law firm and felt comfortable with them continuing. She said starting with a new law firm would be reinventing the wheel. Council member Fox said he agreed with Council member Bridges comments noting the current firm had already spent two years on the case. Mayor McManus said there was a misunderstanding about the law firm in that it didn’t only represent Boulder City and probably represented hundreds or maybe even thousands of clients. Mr. Meyer said Keller Lenkner represented a few dozen clients and two clients were in the state of Nevada. He said he believed it was important to clarify the allocation agreements happened very organically and on a state-by-state basis. He said the State doesn’t necessarily know who to reach out to so the Attorney General reaches out to cities and outside counsel steps in to navigate. He said it was important to the firm to know the scope of representation being asked of them. He said each city was represented differently. Mayor McManus said it appeared most cities had discussions with the Attorney General’s office. He said he did not have an issue with the national firm, Keller Lenkner, but he did have issue with the local firm retained to do this work. He reiterated he did not like the lack of communication offered to the City Council regarding contracting with the local law firm. Council member Jorgensen asked if the law firm Keller Lenkner was separate from the local attorney. City Attorney Walker said the resolution before the Council would approve the agreement with both law firms. Mr. Meyer said they were happy to supply other local counsel; however, it would be important to get authorization from the City for them to continue providing representation. Council member Bridges asked if it was possible to approve the representation from Keller Lenkner with a with a contingency that the agreement would be amended after a local firm were determined. 16 DRAFT Minutes of the August 10, 2021 regular City Council meeting 12 In response to Council member Bridges, City Attorney Walker said it was possible under Item 12B which to continue with Keller Lenkner and provide Council direction to explore other local counsel possibilities. Motion: Continue with Keller Lenkner and explore options for local counsel Moved by: Council member Bridges Seconded by: Council member Fox Vote: AYE: Council member Bridges, Council member Fox, Council member Jorgensen (3) NAY: Mayor McManus (1) Absent: Council member Adams, (1) The motion was approved C. Resolution No. 7317, a resolution of the City Council of Boulder City approving Keller Lenkner letter of retention and contingent fee agreement. No Action Taken. 13. For possible action: Discussion and direction regarding the selection of outside legal counsel to provide temporary legal services pursuant to Section 15(4) of the City of Boulder City Charter A staff report was submitted by City Attorney Brittany Walker and included in the August 10, 2021, City Council Agenda packet. Council member Bridges said she was in favor of the interlocal agreement based upon the dollar amount and multiple available attorneys. Motion: Direct staff to enter into an interlocal agreement with the City of Henderson Moved by: Council member Bridges Seconded by: Council member Jorgensen Vote: AYE: Mayor McManus, Council member Bridges, Council member Fox, Council member Jorgensen (4) NAY: None (0) Absent: Council member Adams, (1) The motion was approved 17 DRAFT Minutes of the August 10, 2021 regular City Council meeting 13 14. For possible action: City Council Appointments: A staff report was submitted by Acting City Clerk Tami McKay and included in the August 10, 2021 City Council Agenda packet. Acting City Clerk McKay provided a brief overview of the staff report stating during the update to the Building Code in 2020, Section 115 of the Administrative Code was amended to reflect the authority for appeals of the Building Official’s decision shall be heard by the Planning Commission. The Combined Board of Appeals will no longer be an established committee and therefore, no action will be required for Item 14C. A. Allotment Committee Rebecca Balistere and Teresa Beaver were drawn by lot and appointed to a two-year term ending June 30, 2023. B. Audit Review Committee Mayor McManus nominated Judy Dechaine and Annette Landry Council member Jorgensen nominated Roger Tobler No other nominations were offered and the vote was as follows: Judy Dechaine: McManus, Bridges, Fox, Jorgensen. Judy Dechaine was appointed to a term ending November 30, 2022. Annette Landry: McManus Roger Tobler: Bridges, Fox, Jorgensen Roger Tobler was appointed to a term ending November 30, 2022. C. Combined Board of Appeals No action required. D. Boulder City Museum and Historical Association (BCMHA) Council member Jorgensen offered to serve on the BCMHA and was appointed by acclamation. E. Southern Nevada Regional Planning Coalition (SNRPC) 18 DRAFT Minutes of the August 10, 2021 regular City Council meeting 14 Council member Bridges offered to serve on the SNRPC and was appointed by acclamation. 15. For possible action: Correction to the previously approved minutes of the June 8, 2021, regular meeting A staff report had been submitted by Acting City Clerk Tami McKay and included in the August 10, 2021 City Council Agenda Packet. Acting City Clerk McKay provided a brief overview of the staff report noting Mayor McManus made a motion to approve Resolution No. 7291 with added conditions that St. Jude’s repair the wall and provide additional landscaping next to the Blue Lake subdivision per the landscape exhibits submitted for the meeting. She noted the motion was not properly reflected in the draft June 8, 2021 City Council minutes approved at the June 22, 2021, regular City Council meeting. She stated the motion had been corrected to properly reflect the added conditions. She indicated approving previously adopted minutes must be approved with a two-thirds vote. Motion: Correct Item No. 9 motion on the previously approved minutes of the June 8, 2021, City Council regular meeting Moved by: Mayor McManus Seconded by: Council member Jorgensen Vote: AYE: Mayor McManus, Council member Bridges, Council member Fox, Council member Jorgensen (4) NAY: None (0) Absent: Council member Adams (1) The motion was approved 16. For possible action: Resolution No. 7318, a resolution of the City Council of Boulder City, Nevada, approving Employment Agreement No. 21-1933(1) A staff report had been submitted by Administrative Services Director Bryce Boldt and included in the August 10, 2021 City Council Agenda Packet. Administrative Services Director Boldt provided a brief overview of the staff report noting it was an employment agreement between Tami McKay and the City of Boulder City. He introduced Mark Ricciardi, employment legal counsel for the City. Mr. Ricciardi said the City Clerk’s employment agreement was similar to the previously approved contracts with the city manager and city attorney. He said Ms. McKay had made some good suggestions to the contract and said he would go through the changes. He said he would not be discussing Section 3, compensation because it was a business decision. He said the early 6-month performance 19 DRAFT Minutes of the August 10, 2021 regular City Council meeting 15 evaluation was unnecessary because she had been serving as the acting city clerk and served as deputy for many years. He said it was his opinion to begin the performance evaluation in 2022. He said the 6-month evaluation would be deleted from the contract. Section 5, Vacation and Sick Leave, the long-time employee has leave banks, so there was no reason to provide a one-time allotment of leave. He was requesting it be removed from the contract. He said the automatic leave tracking system used by the City requires approval by a supervisor which doesn’t work for an appointed official at this level. He suggested another director who would not be supervising the City Clerk approve it in the system. He said the other contracts did not include payout of leave. He said this contract was a little different because there was less risk of a premature departure, so the leave payout was revised to be similar to other Department Heads in the City. Mayor McManus said the intent had been to bring conformity to the language in the appointed official’s contracts. He said he thought the other two contracts changed compensation adjustments to 0-7% as a possible salary increase at the annual evaluation. Mr. Ricciardi said the difference was unintentional and would correct it to match the other contracts which were 0-6%. Mayor McManus said the salary range had been established by the previous Council and said Ms. McKay asked for the maximum of the pay range. He said his belief was to not start at the maximum of that range. He proposed $110K. Council member Bridges said she looked at the numbers and Transparent Nevada and compared it to the classification system and believed $115K was appropriate. Mayor McManus asked if everyone else agreed and Members Fox and Jorgensen said they agreed with $115K. In response to Mayor McManus, Mr. Ricciardi said the first annual evaluation would occur in March of 2022 and the contract would be modified accordingly. He said Section 3, Subsection 2 could be deleted and new dates would be added. Mr. Ricciardi said Ms. McKay brought up another point in Section 10C. He said the word “after” in the last sentence should be changed to “before” and he recommended the change be made. Ms. McKay confirmed she was agreeable to the proposed changed brought before the Council tonight. In response to Mayor McManus, Mr. Ricciardi said the proposed changes to the contract were appropriate and would be corrected. Motion: Approve Resolution No. 7318 Moved by: Mayor McManus Seconded by: Council member Jorgensen Vote: 20 DRAFT Minutes of the August 10, 2021 regular City Council meeting 16 AYE: Mayor McManus, Council member Bridges, Council member Fox, Council member Jorgensen (4) NAY: None (0) Absent: Council member Adams (1) The motion was approved City Clerk McKay thanked the Council and said she was grateful to the Mayor and City Council for this opportunity. She said she had been working for the City for a long time and would continue to show professionalism, dedication and commitment. She said she would work diligently to provide effective communication to the City Council. Mayor McManus said he looked forward to having Ms. McKay in the City Clerk position. He thanked her for all the work she had already done as Acting City Clerk. 17. City Manager’s Report A. Claims Paid, June 2021 B. Financial Report, June 2021 A staff report had been submitted by Finance Director Diane Pelletier and included in the August 10, 2021 City Council Agenda Packet. City Manager Tedder noted there was nothing unusual to report. 18.Public Comment Glena Dunn said for the past 15 years, she published the Antique Guide. She said antique stores had revitalized the downtown area. She said she operated an antique shop for the past 20 years and it has been featured on TV shows and in magazines. She said she wanted to address the upcoming revisions to the City Code. She said she agreed with the changes to comply with NRS. She said she had always focused on the exemptions. She said the current City Code was misleading to antique dealers. She said in 2009, she was requested to apply for a second-hand license, and it has become very costly to her and to the City. She said she pays taxes and invests in the Chamber of Commerce. Judy Dechaine said she had visited a small shop recently and the owner said they were so happy because they had been awarded a grant offered by the City. She said some of the businesses really needed it. No further comments were offered, and public comment was closed. 19.City Council’s Report 21 DRAFT Minutes of the August 10, 2021 regular City Council meeting 17 Council member Bridges welcomed the new City Manager. She said Emergency Aid of Boulder City offers financial assistance and food. Council member Jorgensen welcomed Mr. Tedder to Boulder City. She thanked Michael Mays for his duties as Acting City Manager. She said she attended drug court graduation and believed it was very special and a great opportunity to see success. Council member Fox thanked Mr. Mays and welcomed Mr. Tedder. Mayor McManus said he attended drug court noting the work people do to change their lives was really great. He said he was happy to see the success. He said Chautauqua was scheduled to take place in October. He stated school was back in session and cautioned drivers to slow down in school zones. He said he attended the LVCVA meeting and learned the upcoming Magic Show attendance was down. He encouraged everyone to get accurate information about the COVID vaccine. He said Clark County was in substantial virus spread at this time. He said there was an opportunity to get this taken care of. He welcomed the new City Manager and thanked Mr. Mays for doing a tremendous job during the past 10 months. There being no further business to come before the Council, Mayor McManus adjourned the meeting at 9:29 p.m. ______________________________ Kiernan McManus, Mayor ATTEST: ___________________________ Tami McKay, City Clerk 22 R7319 Trail Maint. RTC Agmt. SUBJECT: For possible action: Resolution No. 7319, a resolution of the City Council of Boulder City, Nevada, approving Agreement No. 21-1938 (Interlocal Contract 1297) between the City of Boulder City and the Regional Transportation Commission of Southern Nevada for the Trail Maintenance Volunteer Coordination, Fiscal Year 2022-2024 ADDITIONAL INFORMATION: ATTACHMENTS: Description Type Item 2 Staff Report Cover Memo Resolution No. 7319 Cover Memo Agreement Information Form Cover Memo Agreement No. 21-1938 Cover Memo 23 City Council Meeting August 24, 2021 Item No. 2 Staff Report TO: Taylour Tedder, City Manager FROM: Keegan Littrell, P.E., Public Works Director DATE: August 24, 2021 SUBJECT: For possible action: Resolution No. 7319, a resolution of the City Council of Boulder City, Nevada, approving Agreement No. 21-1938 (Interlocal Contract 1297) between the City of Boulder City and the Regional Transportation Commission of Southern Nevada for the Trail Maintenance Volunteer Coordination, Fiscal Year 2022-2024 Business Impact Statement: This action will not have a significant economic impact on business and will not directly restrict the formation, operation, or expansion of a business. Action Requested: That the City Council approve Resolution No. 7319, approving Agreement No. 21-1938 (Interlocal Contract 1297) between the City of Boulder City and the Regional Transportation Commission of Southern Nevada for the Trail Maintenance Volunteer Coordination, Fiscal Year 2022-2024. Overview: • Surrounding municipalities have been partnering with the RTC for trail maintenance volunteer coordination. • The trail maintenance volunteer coordination for FY 2022-2024 will be the first time the City has participated. • The RTC will provide $200,000.00 and contract with the service provide to coordinate the work. Background Information: Clark County and the Cities of Las Vegas, North Las Vegas, and Henderson have agreed to allow the Regional Transportation Commission of Southern Nevada (RTC) to contract with a service provider to coordinate the work of volunteers in the performance of trail cleanup and identify maintenance issues to be addressed by the agencies. The contract allocates $200,000.00 for Fiscal Year 2022. The funding request for Fiscal Year 2022 is the first BOULDER CITY CITY COUNCIL MAYOR KIERNAN MCMANUS COUNCIL MEMBERS: JAMES HOWARD ADAMS CLAUDIA M. BRIDGES MATT FOX SHERRI JORGENSEN ◄ ● ► MEETING LOCATION: CITY COUNCIL CHAMBER 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 MAILING ADDRESS: 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 WEBPAGE: WWW.BCNV.ORG ◄ ● ► CITY MANAGER: TAYLOUR TEDDER, CECD CITY ATTORNEY: BRITTANY LEE WALKER, ESQ CITY CLERK: TAMI MCKAY, MMC, CPO ADMINISTRATIVE SERVICES DIRECTOR: BRYCE BOLDT COMMUNITY DEVELOPMENT DIRECTOR: MICHAEL MAYS, AICP PUBLIC WORKS DIRECTOR: KEEGAN LITTRELL, P.E. UTILITIES DIRECTOR: DENNIS PORTER, P.E. POLICE CHIEF: TIM SHEA FIRE CHIEF: WILLIAM GRAY, CFO FINANCE DIRECTOR: DIANE PELLETIER, CPA PARKS & RECREATION DIRECTOR ROGER HALL 24 time the City will be included in the trail cleanup volunteer efforts. The City is able to renew the contract with the RTC for trail maintenance as long as the City desires to maintain the services. Financial: No fiscal impact as the trail maintenance contract will be managed by the RTC. Boulder City Strategic Plan Goal: Goal B, invest in infrastructure and prioritize CIP projects while maximizing available funds. Public Works Department, in partnership with the Regional Transportation Commission of Southern Nevada, ensures compliance with this goal by participating with the Trail Maintenance Volunteer Coordination. Department Recommendation: The Public Works Department respectfully requests that the City Council approve Resolution No. 7319, approving Agreement No. 21-1938 (Interlocal Contract 1297) between the City of Boulder City and the Regional Transportation Commission of Southern Nevada for the Trail Maintenance Volunteer Coordination, Fiscal Year 2022-2024. Attachments: Resolution No. 7319 Agreement Information Form Agreement No. 21-1938 25 RESOLUTION NO. 7319 RESOLUTION OF THE CITY COUNCIL OF BOULDER CITY, NEVADA, APPROVING AGREEMENT NO. 21-1938 (INTERLOCAL CONTRACT 1297) BETWEEN THE CITY OF BOULDER CITY AND THE REGIONAL TRANSPORTATION COMMISSION OF SOUTHERN NEVADA FOR THE TRAIL MAINTENANCE VOLUNTEER COORDINATION, FISCAL YEAR 2022-2024 WHEREAS, Clark County and the Cities of Las Vegas, North Las Vegas, and Henderson have agreed to allow the Regional Transportation Commission of Southern Nevada (RTC) to contract with a service provider to coordinate the work of volunteers in the performance of trail cleanup and identify maintenance issues to be addressed by the agencies; and WHEREAS, Agreement No. 21-1938 with the RTC allows the City to be a partnering agency for the Trail Maintenance Volunteer Coordination, Fiscal Year 2022- 2024; and WHEREAS, this agreement was approved by the RTC on July 8th, 2021; and WHEREAS, funds in the amount of $200,000.00 are budgeted in the RTC’s Highway Improvement Fund for Fiscal Year 2022. NOW, THEREFORE, BE IT RESOLVED that City Council approves Agreement No 21- 1938 (Interlocal Contract 1297) between the City of Boulder City and the Regional Transportation Commission of Southern Nevada for the Trail Maintenance Volunteer Coordination, Fiscal Year 2022-2024. DATED and APPROVED this 24th day of August, 2021. __________________________ Kiernan McManus, Mayor ATTEST: ______________________________ Tami McKay, City Clerk 26 Agreement Information Form Council Date: August 24, 2021 Resolution/Ordinance #: 7319 Agreement/Amendment No.: 21-1938 Type of Agreement: Interlocal Description: RTC agreement for trail maintenance volunteer coordination. Effective Date: Insurance: Please select When: Options: Please select Notes: Payment Due: Term Date: June 30, 2024 Department: Public Works City of BC Contact: Keegan Littrell, P.E., Public Works Director Project No. Contact Info: Regional Transportation Commission of Southern Nevada 600 Grand Centeral Parkway Las Vegas, NV 89106 702-676-1500 Notes/Comments: 27 Contract #1297 196D-Q10 – Trail Maintenance Volunteer Coordination for Fiscal Year 2022-2024 Page 1 of 6 INTERLOCAL CONTRACT TRAIL MAINTENANCE VOLUNTEER COORDINATION FISCAL YEAR 2022-2024 THIS INTERLOCAL CONTRACT is made and entered into this 8TH day of July 2021, by and between Clark County, a political subdivision; the City of Las Vegas, a municipal corporation; the City of North Las Vegas, a municipal corporation; the City of Henderson, a municipal corporation; the City of Boulder City, a municipal corporation; and the City of Mesquite, a municipal corporation; hereinafter referred to individually as “ENTITY” or collectively as “ENTITIES,” and the Regional Transportation Commission of Southern Nevada, hereinafter referred to as “RTC.” The RTC and the ENTITIES are hereinafter referred to individually as “PARTY” or collectively as “PARTIES.” W I T N E S S E T H WHEREAS, the RTC has entered into a contract with a service provider to coordinate the work of volunteers in the performance of trail maintenance, which is included on the adopted RTC Capital Improvement Plan, hereinafter referred to as “PROJECT,” located wholly within Clark County, City of Las Vegas, City of North Las Vegas, City of Henderson, City of Boulder City, and City of Mesquite; and WHEREAS, Nevada Revised Statue (NRS) Chapter 277.180 authorizes any one or more public agencies to contract with any one or more other public agencies to perform any governmental services, activity or undertaking which any of the public agencies entering into the agreement is authorized by law to perform and refers to such as an interlocal contract; and WHEREAS, the RTC agrees to conform to the current RTC Policies and Procedures, as amended and incorporated herein by reference; and WHEREAS, the RTC has entered into Agreement #21-027 with Outdoors Las Vegas Foundation doing business as Get Outdoors Nevada (GON); and WHEREAS, the RTC’s financial obligations from said agreement with GON will be covered by this Interlocal Contract; and NOW, THEREFORE, in consideration of the covenants, conditions, agreements, and promises of the Parties hereto, the Parties agree to proceed as follows: SECTION I: SCOPE OF PROJECT This Interlocal Contract applies to Trail Maintenance Volunteer Coordination for Fiscal Year 2022-2024 as outlined in said agreement #21-027. SECTION II: PROJECT COSTS The RTC agrees to provide funding for all costs associated with the PROJECT from the Highway Improvement Fund as outlined below: 1. The total cost for this contract shall not exceed $200,000.00. DocuSign Envelope ID: B6D6FDB9-DF72-4F9B-9490-30319871FB12DocuSign Envelope ID: EC5E06CD-5E4A-4339-95F5-D152F1CE5798 28 196D-Q10 – Trail Maintenance Volunteer Coordination for Fiscal Year 2022-2024 Page 2 of 6 2. Authorizations to Proceed (ATP) are granted as follows: a. ENGINEERING not to exceed $ 200,000.00 b. RIGHT-OF-WAY not to exceed $ 0.00 c. CONSTRUCTION not to exceed $ 0.00 3. A supplemental interlocal contract will be required for any changes to the amounts identified in number 2 above. SECTION III: GENERAL 1. It is understood and agreed that the purpose of this Interlocal Contract is to fund the PROJECT as herein above set forth. It is further understood and agreed that the RTC is responsible for the design of the PROJECT. The RTC will be responsible for the actions or inactions of its Officers and Employees. 2. The PROJECT must be completed to the satisfaction of the RTC prior to the current applicable completion date of June 30, 2024. The RTC may, at any time thereafter, grant time extensions or terminate this Contract. 3. The RTC disavows any responsibility for the actions or inactions of the ENTITIES, their Officers, Employees, or agents. The remainder of this page is left intentionally blank. DocuSign Envelope ID: B6D6FDB9-DF72-4F9B-9490-30319871FB12DocuSign Envelope ID: EC5E06CD-5E4A-4339-95F5-D152F1CE5798 29 196D-Q10 – Trail Maintenance Volunteer Coordination for Fiscal Year 2022-2024 Page 3 of 6 IN WITNESS WHEREOF, this Interlocal Contract #1297 is effective as of the date first set forth above: Date of Commission Action: REGIONAL TRANSPORTATION COMMISSION July 8, 2021 BY: DEBRA MARCH, Chairwoman Attest: MARIN DUBOIS, Management Analyst Approved as to Form: RTC Legal Counsel Date of Council Action: CLARK COUNTY BOARD OF COMMISSIONERS BY: MARILYN KIRKPATRICK Chair Attest LYNN MARIE GOYA County Clerk Approved as to Form LAURA C. REHFELDT Deputy District Attorney DocuSign Envelope ID: B6D6FDB9-DF72-4F9B-9490-30319871FB12DocuSign Envelope ID: EC5E06CD-5E4A-4339-95F5-D152F1CE5798 30 196D-Q10 – Trail Maintenance Volunteer Coordination for Fiscal Year 2022-2024 Page 4 of 6 Date of Council Action: CITY OF LAS VEGAS BY: CAROLYN G. GOODMAN Mayor Attest LUANN D. HOLMES, MMC City Clerk Approved as to Form Deputy City Attorney Date of Council Action: CITY OF NORTH LAS VEGAS BY: JOHN J. LEE Mayor Attest CATHERINE A. RAYNOR, MMC City Clerk Approved as to Form MICAELA RUSTIA MOORE City Attorney DocuSign Envelope ID: B6D6FDB9-DF72-4F9B-9490-30319871FB12DocuSign Envelope ID: EC5E06CD-5E4A-4339-95F5-D152F1CE5798 31 196D-Q10 – Trail Maintenance Volunteer Coordination for Fiscal Year 2022-2024 Page 5 of 6 Date of Council Action: CITY OF HENDERSON BY: RICHARD A. DERRICK City Manager/CEO Approved as to Finance: Attest JIM MCINTOSH Chief Financial Officer Jose Luis Valdez, CMC City Clerk Approved as to Content: Approved as to Form EDWARD MCGUIRE, P.E. Director, Public Works NICHOLAS G. VASKOV City Attorney Date of Council Action: CITY OF BOULDER CITY BY: KIERNAN MCMANUS Mayor Attest TAMI MCKAY Acting City Clerk Approved as to Form BRITTANY LEE WALKER, ESQ. City Attorney DocuSign Envelope ID: B6D6FDB9-DF72-4F9B-9490-30319871FB12DocuSign Envelope ID: EC5E06CD-5E4A-4339-95F5-D152F1CE5798 32 196D-Q10 – Trail Maintenance Volunteer Coordination for Fiscal Year 2022-2024 Page 6 of 6 Date of Council Action: CITY OF MESQUITE BY: ALLAN S. LITMAN Mayor Attest TRACY E. BECK City Clerk Approved as to Form ADAM ANDERSON City Attorney DocuSign Envelope ID: B6D6FDB9-DF72-4F9B-9490-30319871FB12DocuSign Envelope ID: EC5E06CD-5E4A-4339-95F5-D152F1CE5798 33 R7320 Underground Utilities RTC Agmt. SUBJECT: For possible action: Resolution No. 7320, a resolution of the City Council of Boulder City, Nevada, approving Agreement No. 21-1939 (Interlocal Contract 1296) between the City of Boulder City and the Regional Transportation Commission of Southern Nevada for the Underground Existing Utilities Maryland Parkway, Russell Road to Flamingo Road ADDITIONAL INFORMATION: ATTACHMENTS: Description Type Item 3 Staff Report Cover Memo Resolution No. 7320 Cover Memo Agreement Information Form Cover Memo Agreement No. 21-1939 Cover Memo 34 City Council Meeting August 24, 2021 Item No. 3 Staff Report TO: Taylour Tedder, City Manager FROM: Keegan Littrell, P.E., Public Works Director DATE: August 24, 2021 SUBJECT: For possible action: Resolution No. 7320, a resolution of the City Council of Boulder City, Nevada, approving Agreement No. 21-1939 (Interlocal Contract 1296) between the City of Boulder City and the Regional Transportation Commission of Southern Nevada for the Underground Existing Utilities Maryland Parkway, Russell Road to Flamingo Road Business Impact Statement: This action will not have a significant economic impact on business and will not directly restrict the formation, operation, or expansion of a business. Action Requested: That the City Council approve Resolution No. 7320, approving Agreement No. 21-1939 (Interlocal Contract 1296) between the City of Boulder City and the Regional Transportation Commission of Southern Nevada for the Underground Existing Utilities Maryland Parkway, Russell Road to Flamingo Road. Overview: • An interlocal contract is required in coordination with Clark County, City of Las Vegas, City of North Las Vegas, City of Henderson, and City of Boulder City for funding from the Highway Improvements Acquisition Fund to be used for the Underground Existing Utilities Maryland Parkway, Russell Road to Flamingo Road. Background Information: The Regional Transportation Commission of Sothern Nevada (RTC) intends to design the infrastructure to remove the existing above ground power lines along Maryland Parkway and place them underground. Funding for this project will come from the RTC’s Highway Improvement Acquisition Fund in the amount of $500,000.00. This project is not located in Boulder City, however an BOULDER CITY CITY COUNCIL MAYOR KIERNAN MCMANUS COUNCIL MEMBERS: JAMES HOWARD ADAMS CLAUDIA M. BRIDGES MATT FOX SHERRI JORGENSEN ◄ ● ► MEETING LOCATION: CITY COUNCIL CHAMBER 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 MAILING ADDRESS: 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 WEBPAGE: WWW.BCNV.ORG ◄ ● ► CITY MANAGER: TAYLOUR TEDDER, CECD CITY ATTORNEY: BRITTANY LEE WALKER, ESQ CITY CLERK: TAMI MCKAY, MMC, CPO ADMINISTRATIVE SERVICES DIRECTOR: BRYCE BOLDT COMMUNITY DEVELOPMENT DIRECTOR: MICHAEL MAYS, AICP PUBLIC WORKS DIRECTOR: KEEGAN LITTRELL, P.E. UTILITIES DIRECTOR: DENNIS PORTER, P.E. POLICE CHIEF: TIM SHEA FIRE CHIEF: WILLIAM GRAY, CFO FINANCE DIRECTOR: DIANE PELLETIER, CPA PARKS & RECREATION DIRECTOR ROGER HALL 35 interlocal contract is required in coordination with Clark County, City of Las Vegas, City of North Las Vegas, City of Henderson, and City of Boulder City for funding from the Highway Improvements Acquisition Fund to be used for the Underground Existing Utilities Maryland Parkway, Russell Road to Flamingo Road. Financial: No fiscal impact. Department Recommendation: The Public Works Department respectfully requests that the City Council approve Resolution No. 7320, approving Agreement No. 21-1939 (Interlocal Contract 1296) between the City of Boulder City and the Regional Transportation Commission of Southern Nevada for the Underground Existing Utilities Maryland Parkway, Russell Road to Flamingo Road. Attachments: Resolution No. 7320 Agreement Information Form Agreement No. 21-1939 36 RESOLUTION NO. 7320 RESOLUTION OF THE CITY COUNCIL OF BOULDER CITY, NEVADA, APPROVING AGREEMENT NO. 21-1939 (INTERLOCAL CONTRACT 1296) BETWEEN THE CITY OF BOULDER CITY AND THE REGIONAL TRANSPORTATION COMMISSION OF SOUTHERN NEVADA FOR THE UNDERGROUND EXISTING UTILITIES MARYLAND PARKWAY, RUSSELL ROAD TO FLAMINGO ROAD WHEREAS, the Regional Transportation Commission of Sothern Nevada (RTC) intends to design the infrastructure to remove the existing above ground power lines along Maryland Parkway and place them underground; and WHEREAS, funding for this project will come from the RTC’s Highway Improvement Acquisition Fund in the amount of $500,000.00; and WHEREAS, an interlocal contract is required in coordination with Clark County, City of Las Vegas, City of North Las Vegas, City of Henderson, and City of Boulder City for funding from the Highway Improvements Acquisition Fund to be used for the project; and WHEREAS, this agreement was approved by the RTC on July 8th, 2021. NOW, THEREFORE, BE IT RESOLVED that City Council approves Agreement No 21- 1939 (Interlocal Contract 1296) between the City of Boulder City and the Regional Transportation Commission of Southern Nevada for the Underground Existing Utilities Maryland Parkway, Russell Road to Flamingo Road. DATED and APPROVED this 24th day of August, 2021. __________________________ Kiernan McManus, Mayor ATTEST: ______________________________ Tami McKay, City Clerk 37 Agreement Information Form Council Date: August 24, 2021 Resolution/Ordinance #: 7320 Agreement/Amendment No.: 21-1939 Type of Agreement: Interlocal Description: RTC agreement to underground the existing utilities at Maryland Parkway, Russell Road to Flamingo Road. Effective Date: Insurance: Please select When: Options: Please select Notes: Payment Due: Term Date: December 31, 2026 Department: Public Works City of BC Contact: Keegan Littrell, P.E., Public Works Director Project No. Contact Info: Regional Transportation Commission of Southern Nevada 600 Grand Centeral Parkway Las Vegas, NV 89106 702-676-1500 Notes/Comments: 38 Contract #1296 256A-FTI2 – Underground Existing Utilities Maryland Parkway, Russell Road to Flamingo Road Page 1 of 6 INTERLOCAL CONTRACT UNDERGROUND EXISTING UTILITIES MARYLAND PARKWAY, RUSSELL ROAD TO FLAMINGO ROAD THIS INTERLOCAL CONTRACT is made and entered into this 8TH day of July 2021, by and between Clark County, a political subdivision; the City of Las Vegas, a municipal corporation; the City of North Las Vegas, a municipal corporation; the City of Henderson, a municipal corporation; the City of Boulder City, a municipal corporation; and the City of Mesquite, a municipal corporation; hereinafter referred to individually as “ENTITY” or collectively as “ENTITIES,” and the Regional Transportation Commission of Southern Nevada, hereinafter referred to as “RTC.” The RTC and the ENTITIES are hereinafter referred to individually as “PARTY” or collectively as “PARTIES.” W I T N E S S E T H WHEREAS, the RTC, in coordination with the ENTITIES, intends to design the infrastructure to remove the existing above ground power lines and place them underground and remove the existing above ground power poles, which is included on the adopted RTC Capital Improvement Plan, hereinafter referred to as “PROJECT,” located wholly within Clark County; and WHEREAS, Nevada Revised Statue (NRS) Chapter 277.180 authorizes any one or more public agencies to contract with any one or more other public agencies to perform any governmental services, activity or undertaking which any of the public agencies entering into the agreement is authorized by law to perform and refers to such as an interlocal contract; and WHEREAS, the ENTITIES agree to conform to the current RTC Policies and Procedures, as amended and incorporated herein by reference; and WHEREAS, the RTC will be the lead agency for the PROJECT; and NOW, THEREFORE, in consideration of the covenants, conditions, agreements, and promises of the Parties hereto, the Parties agree to proceed as follows: SECTION I: SCOPE OF PROJECT This Interlocal Contract applies to the design of infrastructure to remove the existing above ground power lines and place them underground and remove the existing above ground power poles. The Project is further described in Exhibit “A” which is attached hereto and by this reference incorporated herein. SECTION II: PROJECT COSTS The RTC agrees to provide funding for all costs associated with the PROJECT from the Highway Improvement Acquisition Fund as outlined below: 1. The total cost for this contract shall not exceed $500,000.00. DocuSign Envelope ID: B6D6FDB9-DF72-4F9B-9490-30319871FB12DocuSign Envelope ID: EC5E06CD-5E4A-4339-95F5-D152F1CE5798 39 256A-FTI2 – Underground Existing Utilities Maryland Parkway, Russell Road to Flamingo Road Page 2 of 6\ 2. Authorizations to Proceed (ATP) are granted as follows: a. ENGINEERING not to exceed $ 500,000.00 b. RIGHT-OF-WAY not to exceed $ 0.00 c. CONSTRUCTION not to exceed $ 0.00 3. At the time the ATP for construction is granted, the RTC will make all attempts to publish the bid for this PROJECT within 90 calendar days. 4. A supplemental interlocal contract will be required for any changes to the amounts identified in number 2 above. SECTION III: GENERAL 1. It is understood and agreed that the purpose of this Interlocal Contract is to fund the PROJECT as herein above set forth. It is further understood and agreed that the RTC is responsible for the design of the PROJECT. The RTC will be responsible for the actions or inactions of its Officers and Employees. 2. The PROJECT must be completed to the satisfaction of the RTC prior to the current applicable completion date of December 31, 2026. The RTC may, at any time thereafter, grant time extensions or terminate this Contract. 3. The RTC disavows any responsibility for the actions or inactions of the ENTITIES, their Officers, Employees, or agents. The remainder of this page is left intentionally blank. DocuSign Envelope ID: B6D6FDB9-DF72-4F9B-9490-30319871FB12DocuSign Envelope ID: EC5E06CD-5E4A-4339-95F5-D152F1CE5798 40 256A-FTI2 – Underground Existing Utilities Maryland Parkway, Russell Road to Flamingo Road Page 3 of 6\ IN WITNESS WHEREOF, this Interlocal Contract #1296 is effective as of the date first set forth above: Date of Commission Action: REGIONAL TRANSPORTATION COMMISSION July 08, 2021 BY: DEBRA MARCH, Chairwoman Attest: MARIN DUBOIS, Management Analyst Approved as to Form: RTC Legal Counsel Date of Council Action: CLARK COUNTY BOARD OF COMMISSIONERS BY: MARILYN KIRKPATRICK Chair Attest LYNN MARIE GOYA County Clerk Approved as to Form LAURA C. REHFELDT Deputy District Attorney DocuSign Envelope ID: B6D6FDB9-DF72-4F9B-9490-30319871FB12DocuSign Envelope ID: EC5E06CD-5E4A-4339-95F5-D152F1CE5798 41 256A-FTI2 – Underground Existing Utilities Maryland Parkway, Russell Road to Flamingo Road Page 4 of 6\ Date of Council Action: CITY OF LAS VEGAS BY: CAROLYN G. GOODMAN Mayor Attest LUANN D. HOLMES, MMC City Clerk Approved as to Form Deputy City Attorney Date of Council Action: CITY OF NORTH LAS VEGAS BY: JOHN J. LEE Mayor Attest CATHERINE A. RAYNOR, MMC City Clerk Approved as to Form MICAELA RUSTIA MOORE City Attorney DocuSign Envelope ID: B6D6FDB9-DF72-4F9B-9490-30319871FB12DocuSign Envelope ID: EC5E06CD-5E4A-4339-95F5-D152F1CE5798 42 256A-FTI2 – Underground Existing Utilities Maryland Parkway, Russell Road to Flamingo Road Page 5 of 6\ Date of Council Action: CITY OF HENDERSON BY: RICHARD A. DERRICK City Manager/CEO Approved as to Finance: Attest JIM MCINTOSH Chief Financial Officer Jose Luis Valdez, CMC City Clerk Approved as to Content: Approved as to Form EDWARD MCGUIRE, P.E. Director, Public Works NICHOLAS G. VASKOV City Attorney Date of Council Action: CITY OF BOULDER CITY BY: KIERNAN MCMANUS Mayor Attest TAMI MCKAY Acting City Clerk Approved as to Form BRITTANY LEE WALKER, ESQ. City Attorney DocuSign Envelope ID: B6D6FDB9-DF72-4F9B-9490-30319871FB12DocuSign Envelope ID: EC5E06CD-5E4A-4339-95F5-D152F1CE5798 43 256A-FTI2 – Underground Existing Utilities Maryland Parkway, Russell Road to Flamingo Road Page 6 of 6\ Date of Council Action: CITY OF MESQUITE BY: ALLAN S. LITMAN Mayor Attest TRACY E. BECK City Clerk Approved as to Form ADAM ANDERSON City Attorney DocuSign Envelope ID: B6D6FDB9-DF72-4F9B-9490-30319871FB12DocuSign Envelope ID: EC5E06CD-5E4A-4339-95F5-D152F1CE5798 44 EXHIBIT "A" DocuSign Envelope ID: EC5E06CD-5E4A-4339-95F5-D152F1CE5798 45 R7321 Legal Services Interlocal Agreement SUBJECT: For possible action: Resolution No. 7321, a resolution of the City Council of Boulder City, Nevada approving Interlocal Agreement No. 21-1940 with the City of Henderson to provide temporary legal services pursuant to Section 15(4) of the Boulder City Charter ADDITIONAL INFORMATION: ATTACHMENTS: Description Type Staff Report Cover Memo Resolution 7321 Resolution Letter Resolution 7321, Exhibit A Exhibit 46 City Council Meeting August 24, 2021 Item No. 4 Staff Report TO: Mayor and City Council FROM: Brittany Walker, City Attorney DATE: August 17, 2021 SUBJECT: For possible action: Resolution No. 7321, a resolution of the City Council of Boulder City approving Interlocal Agreement No. 21- 1940 with the City of Henderson to provide temporary legal services pursuant to Section 15(4) of the Boulder City Charter Business Impact Statement: This action will not have a significant economic impact on business and will not directly restrict the formation, operation, or expansion of a business. Action Requested: That the City Council approve Resolution No. 7321 approving Interlocal Agreement No. 21-1936 with the City of Henderson to provide temporary legal services pursuant to Section 15(4) of the Boulder City Charter. Overview: • Section 15(4) provides “[w]hen from any cause the City Attorney is unable to perform the duties of his or her office, he or she may, with the consent of the Council, appoint some other qualified attorney to act temporarily in his or her place, and whenever, in the judgment of the Council, the interests of the City require it, the Council may employ assistant or special counsel.” • There will be a need beginning in September for temporary outside counsel to assist the City Attorney’s office for a period of 3-4 months. Background: The City Attorney approached the City of Henderson to serve as temporary counsel via an interlocal agreement. On August 10, 2021, the City Council unanimously (Council member Adams was absent) approved moving forward with the interlocal BOULDER CITY CITY COUNCIL MAYOR KIERNAN MCMANUS COUNCIL MEMBERS: JAMES HOWARD ADAMS CLAUDIA M. BRIDGES MATT FOX SHERRI JORGENSEN ◄ ● ► MEETING LOCATION: CITY COUNCIL CHAMBER 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 MAILING ADDRESS: 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 WEBPAGE: WWW.BCNV.ORG ◄ ● ► CITY MANAGER: TAYLOUR TEDDER, CECD CITY ATTORNEY: BRITTANY LEE WALKER, ESQ CITY CLERK: TAMI MCKAY, MMC, CPO ADMINISTRATIVE SERVICES DIRECTOR: BRYCE BOLDT COMMUNITY DEVELOPMENT DIRECTOR: MICHAEL MAYS, AICP PUBLIC WORKS DIRECTOR: KEEGAN LITTRELL, P.E. UTILITIES DIRECTOR: VACANT POLICE CHIEF: TIM SHEA FIRE CHIEF: WILLIAM GRAY, CFO FINANCE DIRECTOR: DIANE PELLETIER, CPA PARKS & RECREATION DIRECTOR ROGER HALL 47 agreement with the City of Henderson. Under the Interlocal Agreement, the City of Henderson would provide Henderson Assistant City Attorneys to provide the following services: • in-person legal guidance at Boulder City City Council Meetings and Redevelopment Agency Meetings; • review all contracts, ordinances, and resolutions proposed to be approved by the City during the Term of this Agreement; and • provide legal guidance to all Boulder City public officers and departments on an as-needed basis. The agreement would be effective upon approval by both City Councils until December 31, 2021 with a one-time 90 day extension, if necessary. The City would be billed hourly similar to our agreements with outside counsel at the rate of $88.00 per hour not-to- exceed $50,000 and could be absorbed in the current City Attorney Fiscal Year 2022 budget. Boulder City Strategic Plan Goal: Goal A. Achieve Prudent Financial Stewardship; and Goal E. Sustain a High Level of Public Safety Services Department Recommendation: That the City Council approve the interlocal agreement with the City of Henderson to provide temporary legal services. Attachments: • Resolution No. 7321 • Exhibit A - Interlocal agreement with the City of Henderson. 48 RESOLUTION NO. 7321 RESOLUTION OF THE CITY COUNCIL OF BOULDER CITY, NEVADA, APPROVING INTERLOCAL AGREEMENT NO. 21-1940 WITH THE CITY OF HENDERSON, NEVADA TO PROVIDE TEMPORARY LEGAL SERVICES PURSUANT TO SECTION 15(4) OF THE BOULDER CITY CHARTER WHEREAS, Section 15(4) of the Boulder City Charter provides “[w]hen from any cause the City Attorney is unable to perform the duties of his or her office, he or she may, with the consent of the Council, appoint some other qualified attorney to act temporarily in his or her place, and whenever, in the judgment of the Council, the interests of the City require it, the Council may employ assistant or special counsel”; and WHEREAS, there will be a need beginning in September for temporary outside counsel to assist the City Attorney’s office for a period of three to four months; and WHEREAS, NRS 277.180 authorizes the sharing of resources between public agencies through interlocal agreements; and WHEREAS the City Attorney reached out to the City of Henderson City Attorney to explore the use of an interlocal agreement to provide temporary legal services; and WHEREAS, On August 10, 2021, the City Council unanimously (Council member Adams was absent) approved moving forward with an interlocal agreement with the City of Henderson to provide temporary counsel to assist the City Attorney’s office for a period of three to four months pursuant to Section 15(4) of the Boulder City Charter; and WHEREAS, the City Council has determined that it is desirable to approve Interlocal Agreement No. 21-1940 to carry out this purpose. NOW, THEREFORE, BE IT RESOLVED, the City Council hereby approves Resolution No. 7317, approving Interlocal Agreement No. 21-1940 attached hereto as Exhibit A. DATED and APPROVED this 24th day of August, 2021. __________________________ Kiernan McManus, Mayor ATTEST: 49 ______________________________ Tami J. McKay, City Clerk 50 Page 1 of 9 INTERLOCAL AGREEMENT Between the City of Henderson and the City of Boulder City This Interlocal Agreement (the “Agreement”) is entered into by and between the City of Henderson (“HENDERSON”), a political subdivision of the State of Nevada, and the City of Boulder City (“BOULDER CITY”), a political subdivision of the State of Nevada, collectively (“Parties”), pursuant to NRS 277.180, which authorizes the sharing of resources between public agencies. WHEREAS, the Boulder City City Attorney (“BC CITY ATTORNEY”) is a licensed attorney and admitted to practice in the State of Nevada. WHEREAS, the BC CITY ATTORNEY is an appointed officer of BOULDER CITY and serves as the legal advisor for the Boulder City City Council (“BC CITY COUNCIL”)and all Boulder City officers whose duties include: 1) drafting or reviewing all contracts and other legal documents or instruments required or requested by the BC CITY COUNCIL or the City Manager of Boulder City; 2) attend all meetings of the BC CITY COUNCIL; and 3) perform such other legal services as the BC CITY COUNCIL or the City Manager of Boulder City; WHEREAS, the BC CITY ATTORNEY may, with the consent of the BC CITY COUNCIL, appoint some other qualified attorney to act temporarily in her place; WHEREAS, through approval of this Agreement,BC CITY COUNCIL has authorized the BC CITY ATTORNEY to engage the Henderson City Attorney’s Office (“CONTRACT ATTORNEY”) to assist in providing legal services to BOULDER CITY; WHEREAS,CONTRACT ATTORNEY is staffed with qualified attorneys admitted to practice law in the State of Nevada and is experienced in providing legal representation in the areas of law deemed necessary by the BC CITY ATTORNEY; WHEREAS, the BC CITY ATTORNEY has obtained the consent of the BC CITY COUNCIL to engage the assistance of CONTRACT ATTORNEY; / / / / / / 51 Page 2 of 9 NOW, THEREFORE, the parties agree as follows: SECTION 1.SCOPE OF SERVICE A.BOULDER CITY hereby engages CONTRACT ATTORNEY to provide legal counsel to BOULDER CITY, its duly authorized officers, employees, and volunteers, as the CONTRACT ATTORNEY’s expertise and experience may allow with the exception of real estate, litigation,and employment matters where BOULDER CITY has already retained the services of other outside counsel. B.HENDERSON will provide Henderson Assistant City Attorneys to provide in- person legal guidance at Boulder City City Council Meetings and Redevelopment Agency Meetings for open meeting law compliance, and general legal advice on matters before the BC CITY COUNCIL; review all contracts, ordinances, and resolutions proposed to be approved by the City during the Term of this Agreement;attend the meetings of any City boards of which BC CITY ATTORNEY serves as a member; provide legal guidance to all Boulder City public officers and departments on an as-needed basis; and any other duties outlined in the Charter for BOULDER CITY (“Services”). C.CONTRACT ATTORNEY will provide these Services in accordance with Nevada state laws and Nevada Rules of Professional Conduct. D.CONTRACT ATTORNEY will work in conjunction with the BC CITY ATTORNEY in the performance of Services hereunder. E.CONTRACT ATTORNEY will observe and abide by the terms and conditions of all applicable law, regulations, rules of professional conduct, ordinances and rules of the United States, of the State of Nevada, or any political subdivision thereof, or of any duly constituted public authority or agency. F.All materials developed, prepared or acquired during the performance of Services under this Agreement, including without limitation, all finished or unfinished documents, research, pleadings, memoranda, briefs, data, studies, surveys, drawings, manuals, maps, models, photographs, and reports shall be available to BOULDER CITY upon request. No documents prepared for BOULDER CITY shall be released by CONTRACT ATTORNEY to any third party without the BOULDER CITY’s written permission. / / / 52 Page 3 of 9 SECTION 2.TERM This Agreement shall be effective from the date of this Agreement through December 31, 2021, unless extended as set forth below (“Term”). This Agreement may be extended for an additional three (3) months, unless this Agreement is earlier terminated under the provisions hereof. Any renewals of this Agreement will be executed by the City Manager for BC CITY ATTORNEY and the City Attorney for HENDERSON. SECTION 3.ATTORNEY FEES CONTRACT COUNSEL will provide the BOULDER CITY with Services under this Agreement at the following rates in an amount not to exceed Fifty Thousand Dollars ($50,000). Hours of service shall be billed based on increments of one/tenth of an hour and shall represent actual time spent, rather than a standard charge for the activity performed. Assistant City Attorney: $ 88.00 per hour SECTION 4.BILLING The CONTRACT COUNSEL will provide monthly itemized billings to the City Attorney’s Office of Boulder City for all Services provided during the preceding month. BOULDER CITY agrees to make payment for CONTRACT COUNSEL’s Services and costs within sixty (60) days after receipt of such billings. SECTION 5.TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice. In the event of termination, CONTRACT COUNSEL shall be paid compensation for services performed and properly billed pursuant to the terms of this Agreement to the effective termination date. SECTION 6. EVENTS UPON TERMINATION OR EXPIRATION Upon the expiration or termination of this Agreement, BOULDER CITY, at its discretion, may require CONTRACT COUNSEL to return all files to BOULDER CITY or its designated representative. SECTION 7.OWNERSHIP OF DOCUMENTS All files, pleadings, discovery, reports, documents and other records prepared or kept by CONTRACT COUNSEL in the performance of its obligations under this Agreement shall be the property of BOULDER CITY and all such materials shall be remitted to BOULDER CITY by CONTRACT COUNSEL upon expiration or termination of this Agreement. All 53 Page 4 of 9 such materials shall be retained by CONTRACT COUNSEL in accordance with the City of Henderson Record Retention Schedule. SECTION 8.CONFIDENTIALITY All personnel records, personal data and protected health information (PHI) received, stored or viewed by CONTRACT COUNSEL shall be kept in the strictest confidence by CONTRACT COUNSEL and its employees and contractors. All such information shall be used and disclosed only for the proper management of the Services assigned and may not be used or further disclosed, other than as necessary, in the furtherance of the Services. SECTION 9. ASSIGNMENT AND SUBCONTRACTING CONTRACT COUNSEL shall not assign, transfer or delegate any rights, obligations or duties under this Agreement, nor shall CONTRACT COUNSEL subcontract the provision of Services under this Agreement, without prior written consent of the BOULDER CITY. SECTION 10.ATTORNEY’S EMPLOYEES CONTRACT COUNSEL shall be responsible for maintaining satisfactory standards of employee competency, conduct and integrity, and shall be responsible for taking such disciplinary action with respect to HENDERSON employees providing Services pursuant to this Agreement as may be necessary. SECTION 11.AMENDMENT AND MODIFICATION No provision of this Agreement will be deemed waived, amended or modified by either party unless such waiver, amendment or modification is in writing and signed by the BC CITY ATTORNEY and the authorized agents of CONTRACT COUNSEL. SECTION 12.APPLICABLE LAW This Agreement shall be governed by and interpreted according to the laws of the State of Nevada. SECTION 13.COMPLIANCE WITH LAWS CONTRACT COUNSEL shall, in the performance of its obligations hereunder, comply with all applicable laws, rules and regulations of all governmental authorities having jurisdiction over the performance of this Agreement, including the Federal Occupational Health and Safety Act and all state and federal laws prohibiting and/or related to the discrimination by reason of race, sex, age, sexual orientation, religion or national origin. / / / / / / 54 Page 5 of 9 SECTION 14.INDEMNITY BOULDER CITY shall indemnify, defend,and hold harmless HENDERSON, its officers, officials, employees and agents from and against any liability, loss, damage, expense and cost (including without limitation attorney fees, costs,and any other fees of litigation) of every nature to the extent arising out of or in connection with work negligently performed hereunder or its failure to comply with any of its obligations contained in the Agreement. SECTION 15.ETHICS OF ATTORNEY CONTRACT COUNSEL shall abide by and perform his duties in accordance with the ethics of the legal profession and all federal, state and municipal laws, regulations and ordinances regulating the practice of law. CONTRACT COUNSEL shall, without additional compensation, immediately correct or revise any deficiencies, errors, or omissions caused by CONTRACT COUNSEL in its analysis, reports, and services. It is also understood and agreed by both parties that if any error is found, CONTRACT COUNSEL will expeditiously make the necessary correction, at no expense to the BOULDER CITY, except when such error is the sole cause of BOULDER CITY. SECTION 16.CONFLICTS During the term of this Agreement, CONTRACT COUNSEL will notify BC CITY ATTORNEY on any matter where a potential conflict of interest exists pursuant to the Nevada Rules of Professional Conduct 1.7 and 1.8. Upon a determination a conflict of interest exists, CONTRACT COUNSEL shall immediately cease working on the matter unless BOULDER CITY and HENDERSON provides written consent waiving such conflict. SECTION 17.EXCLUSIVE BENEFIT OF THE PARTIES/NO THIRD PARTY RIGHTS Except as specifically provided in this section, this Agreement is not intended to create any rights, benefits, powers or interests in any third party and this Agreement is entered into for the exclusive benefit of the BOULDER CITY and CONTRACT COUNSEL. SECTION 18.SEVERABILITY If any portion of this Agreement is found to be invalid, the remainder of the Agreement remains in effect. / / / / / / 55 Page 6 of 9 SECTION 19.ARBITRATION All claims, disputes, and other matters in question between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof will be decided by arbitration. Arbitration will be used in accordance with the rules of the American Arbitration Association unless the parties mutually agree otherwise. N o arbitration, arising out of or relating to this Agreement, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Agreement except by written consent containing a specific reference to this Agreement and signed by the BOULDER CITY and CONTRACT COUNSEL, and any other person sought to be joined. Any consent to arbitration involving any additional person or persons shall not constitute consent to arbitration of any dispute not described therein or with any person not named or described therein. This Agreement to arbitrate and any agreement to arbitrate with any additional person or persons duly consented to by the parties of this Agreement shall be specifically enforceable under the prevailing arbitration law. SECTION 20.NOTICES Any notice required or permitted to be given under this Agreement shall be deemed to have been given when received by the party to whom it is directed by personal service, hand delivery or United States Mail at the following addresses: TO BOULDER CITY:Boulder City City Manager Attn: Taylour Tedder 401 California Avenue Boulder City, NV 89005 Phone: 702/293-9201 Email: TTedder@bcnv.org TO HENDERSON:Henderson City Attorney’s Office Attn: Nicholas Vaskov, City Attorney P. O. Box 95050, MSC #144 Henderson, NV 89009-5050 Phone: 702/267-1200 Email: Nicholas.vaskov@cityofhenderson.com Either party may, at any time and from time to time, change its representative or address by written notice to the other. SECTION 21.ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and may only be modified, supplemented or amended by a written agreement signed by both parties. 56 Page 7 of 9 SECTION 22.FISCAL FUNDING Funding of this Agreement is dependent on budget appropriations set each fiscal year. If necessary funds to continue with the Services are not allocated by the either party, this Agreement shall automatically terminate at the expiration of the appropriated funds. SECTION 23.TIME OF ESSENCE Time is of the essence as to each and every provision of this Agreement. SECTION 24.AUTHORITY Both Parties represents and warrants that the person signing this Agreement has all requisite authority to bind the Parties to the terms and obligations of this Agreement. SECTION 25.COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be regarded as an original and all of which shall constitute the same agreement. This Agreement may be executed by an electronic signature of either party, with the electronic signature having the same force and effect as if this Agreement had been executed by the actual signature of either party. Delivery of this Agreement may be accomplished by electronic mail transmission. In such event, the parties hereto shall promptly thereafter deliver to each other executed counterpart originals of this Agreement. The captions contained in this Agreement are for the convenience of the parties and shall not be construed so as to alter the meaning of the provisions of the Agreement. IN WITNESS WHEREOF, the City of Henderson, Nevada has made and executed this Agreement and caused the seal of said City to be affixed hereto, and the CONTRACT COUNSEL has hereinto set its hand this day and year written. / / / / / / / / / / / / / / / / / / 57 Page 8 of 9 CITY OF HENDERSON CLARK COUNTY, NEVADA DATE OF COUNCIL ACTION: ATTEST: RICHARD A. DERRICK JOSE LUIS VALDEZ, CMC City Manager/CEO City Clerk APPROVED AS TO CONTENT APPROVED AS TO FUNDING AND FORM NICHOLAS G. VASKOV JIM MCINTOSH City Attorney Chief Financial Officer 58 Page 9 of 9 CITY OF BOULDER CITY CLARK COUNTY, NEVADA DATE OF COUNCIL ACTION: ATTEST: KIERNAN MCMANUS,TAMI MCKAY, Mayor City Clerk,MMC, CPO APPROVED AS TO FORM BRITTANY WALKER, City Attorney 59 Recognition of Damboree Committee SUBJECT: Recognition and Certificate of Appreciation to the Damboree Committee members (As requested by Council member Bridges) ADDITIONAL INFORMATION: ATTACHMENTS: Description Type Item 5 Staff Report Cover Memo Certificate Cover Memo 60 City Council Meeting August 24, 2021 Item No. 5 Staff Report TO: Mayor McManus and City Council members FROM: Tami McKay, City Clerk DATE: August 16, 2021 SUBJECT: Recognition and Certificate of Appreciation to the Damboree Committee members (As requested by Council member Bridges) Business Impact Statement: This action will not have a significant economic impact on business and will not directly restrict the formation, operation, or expansion of a business. Action Requested: That the City Council recognize and present certificates to the Damboree Committee members. Overview: • The 4th of July Damboree Celebration is a Special Event organized by Damboree, Inc., a 501 C-3 non-profit organization • The Damboree Committee is a group of volunteers who plan, coordinate and implement the 4th of July Damboree Celebration • Damboree, Inc. has partnered with the City of Boulder City for the past 25 years Background Information: The 4th of July Damboree Celebration is a Special Event organized by Damboree, Inc., a 501 C-3 non-profit organization with the State of Nevada. BOULDER CITY CITY COUNCIL MAYOR KIERNAN MCMANUS COUNCIL MEMBERS: JAMES HOWARD ADAMS CLAUDIA BRIDGES MATT FOX SHERRI JORGENSEN ◄ ● ► MEETING LOCATION: CITY COUNCIL CHAMBER 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 MAILING ADDRESS: 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 WEBPAGE: WWW.BCNV.ORG ◄ ● ► CITY MANAGER: TAYLOUR TEDDER, CECD CITY ATTORNEY: BRITTANY WALKER, ESQ. CITY CLERK: TAMI MCKAY, MMC, CPO COMMUNITY DEVELOPMENT DIRECTOR: MICHAEL MAYS, AICP PUBLIC WORKS DIRECTOR: KEEGAN LITTRELL, P.E. UTILITIES DIRECTOR: DENNIS PORTER, P.E. POLICE CHIEF: TIM SHEA FIRE CHIEF: WILL GRAY, CFO FINANCE DIRECTOR: DIANE PELLETIER, CPA PARKS & RECREATION DIRECTOR ROGER HALL 61 The Damboree Committee is comprised of a group of dedicated volunteers who plan, coordinate, and implement the Boulder City 4th of July Damboree Celebration. The Committee is responsible for coordinating the parade including marketing, parade lineup, securing PA systems for announcing stations, selecting the parade marshals and purchasing parade awards. After the parade, festivities begin at Broadbent Park and move their location to Veterans Memorial Park. Local leaders are arranged to speak at the welcoming ceremony and food and drink vendors, as well as a DJ are secured for the event. Damboree Inc, has partnered with the City of Boulder City for the past 25 years to help facilitate the event. The Parks and Recreation Department help organize fun and games for children and adults, as well as organize secure spots at the park for tents and popups. The Public Works Streets Department is responsible for blocking off the street for the parade and for the deployment of steet signs and barricades at both parks. The Public Works Electrical Division provides power boxes at Bicentennial Park, Broadbent Park and Veterans Memorial Park. They also secure the large generator needed to power the large numbers of vendors and stage area at Veterans Memorial Park. The Boulder City Police Department provides security and traffic control for the parade and both park venues. The Fire Department provides emergency medical services, supervises the setup and fireworks show, inspects food vendors including large tent structures and generators in the park. There is a collaborative effort between the City of Boulder City and the volunteers of the Damboree Committee to make the patriotic 4th of July event a huge success. Recommendation: The City Clerk respectfully requests the City Council recognize and present certificates to the Damboree Committee members. Attachment: Certificates 62 Thank you for your dedication and support to the Damboree Committee and for continually making the 4th of July a great success. Damboree Committee Certificate of Appreciation Presented to ___________________________________ Mayor Kiernan J. McManus With much gratitude, Mayor and City Council of Boulder City 63 R7322 Private Activity Bond Volume Cap SUBJECT: For possible action: Matters pertaining to the 2021 Private Activity Bond Volume Cap A. Presentation by Nevada Rural Housing Authority's (NRHA) Director of Homeownership Programs, Diane Arvizo B. Resolution No. 7322, a resolution of the City Council of Boulder City, Nevada providing for the transfer of the City's 2021 Private Activity Bond Volume Cap to the Nevada Rural Housing Authority ADDITIONAL INFORMATION: ATTACHMENTS: Description Type Item 6 Staff Report Cover Memo Reso & Cert of Transfer Cover Memo 2021 Volume Cap Dist Cover Memo Home at Last Brochure Cover Memo 64 City Council Meeting August 24, 2021 Item No. 6 A&B Staff Report TO: Mayor McManus and City Council members FROM: Tami McKay, City Clerk DATE: August 16, 2021 SUBJECT: Matters pertaining to the 2021 Private Activity Bond Volume Cap A. Presentation by Nevada Rural Housing Authority’s (NRHA) Director of Homeownership Programs, Diane Arvizo B. Resolution No. 7322, a resolution of the City Council of Boulder City, Nevada providing for the transfer of the City’s 2021 Private Activity Bond Volume Cap to the Nevada Rural Housing Authority Business Impact Statement: This action will not have a significant economic impact on business and will not directly restrict the formation, operation, or expansion of a business. Action Requested: That the City Council consider approval of Resolution No. 7322 providing for the transfer of the City’s 2021 tax- exempt Private Activity Bond Cap to the Nevada Rural Housing Authority Overview: • NHRA Director of Homeownership Programs, Diane Arvizo, will be in attendance via ZOOM to offer a brief presentation • The proposed resolution authorizes the City Council to transfer the City’s allocation of $885,031.77 in tax-exempt private activity bond volume cap for year 2021 to the Nevada Rural Housing Authority BOULDER CITY CITY COUNCIL MAYOR KIERNAN MCMANUS COUNCIL MEMBERS: JAMES HOWARD ADAMS CLAUDIA BRIDGES MATT FOX SHERRI JORGENSEN ◄ ● ► MEETING LOCATION: CITY COUNCIL CHAMBER 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 MAILING ADDRESS: 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 WEBPAGE: WWW.BCNV.ORG ◄ ● ► CITY MANAGER: TAYLOUR TEDDER, CECD CITY ATTORNEY: BRITTANY WALKER, ESQ. CITY CLERK: TAMI MCKAY, MMC, CPO COMMUNITY DEVELOPMENT DIRECTOR: MICHAEL MAYS, AICP PUBLIC WORKS DIRECTOR: KEEGAN LITTRELL, P.E. UTILITIES DIRECTOR: DENNIS PORTER, P.E. POLICE CHIEF: TIM SHEA FIRE CHIEF: WILL GRAY, CFO FINANCE DIRECTOR: DIANE PELLETIER, CPA PARKS & RECREATION DIRECTOR ROGER HALL 65 Background Information: Under the provisions of Chapter 348A of the Nevada Revised Statutes (NRS) and 348A of the Nevada Administrative Code (NAC), Boulder City is allocated tax-exempt private activity bond volume cap based on the population of the city. For the calendar year 2021, the City’s allocation is $885,031.77. Under the provision of the NAC, if the City does not allocate its volume cap to a specific project before September 1, that volume cap reverts to the State of Nevada (Department of Business and Industry) for the State to use on private activity bond projects on which the State is working. The proposed resolution allows the City Council to transfer the City’s allocation of $885,031.77 in tax-exempt private activity bond volume cap to the Nevada Rural Housing Authority to provide low interest mortgages and down payment/closing assistance in rural portions of Clark County including Boulder City. Recommendation: That the City Council consider approval of Resolution No. 7322 providing for the transfer of the City’s 2021 tax-exempt Private Activity Bond Cap to the Nevada Rural Housing Authority Attachment: Resolution No. 7322 and Certificate of Transfer 2021 Volume Cap Distribution Info Home At Last Brochure 66 PABC-2021-Resolution_Boulder-City 2241065 RESOLUTION NO. 7322 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOULDER CITY, NEVADA PROVIDING FOR THE TRANSFER OF THE CITY’S 2021 PRIVATE ACTIVITY BOND VOLUME CAP TO THE NEVADA RURAL HOUSING AUTHORITY; AND OTHER MATTERS RELATED THERETO WHEREAS, pursuant to the provisions of Chapter 348A of the Nevada Revised Statutes (“NRS”) and Chapter 348A of the Nevada Administrative Code (“NAC”), there has been allocated to the City of Boulder City, Clark County, Nevada (the “City,” “County” and “State,” respectively), the amount of $885,031.77 in tax-exempt private activity bond volume cap for year 2021 (the “2021 Bond Cap”); and WHEREAS, the Nevada Rural Housing Authority (the “NRHA”), has requested that the City transfer its 2021 Bond Cap to the NRHA for the purpose of providing a means of financing the costs of single family residential housing that will provide decent, safe and sanitary dwellings at affordable prices for persons of low and moderate income (“Single Family Programs”); and WHEREAS, the City is a local government as defined by NAC 348A.070; and WHEREAS, Section 348A.180 of the NAC provides a procedure whereby the City may, by resolution, transfer to any other local government located within the same county, all or any portion of its 2021 Bond Cap; and WHEREAS, pursuant to NRS 315.983(1)(a), the NRHA is an instrumentality, local government and political subdivision of the State; and WHEREAS, the NRHA is located within the County, pursuant to NRS 315.963, which defines the NRHA’s area of operation as “any area of the State which is not included within the corporate limits of a city or town having a population of 150,000 or more.” NOW, THEREFORE, the City Council of the City does hereby find, resolve, determine and order as follows: Section 1. Recitals. The recitals set forth herein above are true and correct in all respects. Section 2. Transfer of Private Activity Bond Volume Cap. Pursuant to NAC 348A.180, the City hereby transfers its 2021 Bond Cap in the amount of $885,031.77 to the NRHA for its Single Family Programs. Section 3. Use of 2021 Bond Cap. The NRHA will use the 2021 Bond Cap for single family purposes in calendar year 2021 or carry forward any remaining amount according to the Internal Revenue Code of 1986, as amended, for such purposes. 67 2 Section 4. Representative of City. Pursuant to NAC 348A.180(1), the Director of the State of Nevada Department of Business and Industry (the “Director”) may contact Taylour Tedder, City Manager, Boulder City, regarding this Resolution at (702) 293-9202 or by email at TTedder@bcnv.org or in writing at City of Boulder City, 401 California Avenue, Boulder City, Nevada 89005. Section 5. Additional Action. The Mayor and Clerk of the City are hereby authorized and directed to take all actions as necessary to effectuate the transfer of the 2021 Bond Cap, and carry out the duties of the City hereunder, including the execution of all certificates pertaining to the transfer as required by NAC Ch. 348A. Section 6. Direction to the NRHA. The NRHA shall notify the Director in writing as soon as practicable of the occurrence or nonoccurrence of any term or condition that would affect the disposition of the 2021 Bond Cap. Section 7. Representative of the NRHA. Pursuant to NAC 348A.180(3), the Director may contact Diane Arvizo, Director of Homeownership Programs of the NRHA regarding this Resolution at (775) 886-7900 or by email at Diane@NVRural.Org or in writing at Nevada Rural Housing Authority, 3695 Desatoya Drive, Carson City, Nevada 89701. Section 8. Obligation of the City. This Resolution is not to be construed as a pledge of the faith and credit of or by the City, or of any agency, instrumentality, or subdivision of the City. Nothing in this Resolution obligates or authorizes the City to issue bonds for any project or to grant approvals for a project or constitutes a representation that such bonds will be issued. Section 9. Enforceability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. This Resolution shall go into effect immediately upon its passage. 68 ADOPTED, SIGNED AND APPROVED this ____ day of ____________, 2021. CITY OF BOULDER CITY, NEVADA By ____________________________________ Kiernan McManus, Mayor ATTEST: By ________________________________ Tami McKay, City Clerk 69 CERTIFICATE OF TRANSFER OF VOLUME CAP I, Tami McKay, am the duly chosen and qualified City Clerk of the City of Boulder City, Nevada (the “City”) and in the performance of my duties as City Clerk do hereby certify to the Office of Business Finance and Planning in accordance with Section 348A.260 of the Nevada Administrative Code (“NAC”), that the private activity bond volume cap allocated to the City in the amount of $885,031.77 has been transferred as follows: $885,031.77 has been transferred pursuant to NAC 348A.180 from the City, a local government, located in Clark County to the Nevada Rural Housing Authority, a local government, located within Clark County for the purpose of providing a means of financing the costs of single family residential housing that will provide decent, safe and sanitary dwellings at affordable prices for persons of low and moderate income. This certificate is being filed within five (5) days of the transfer being made in accordance with NAC 348.260. CITY OF BOULDER CITY, NEVADA By ____________________________________ Tami McKay, City Clerk cc: Diane Arvizo, Nevada Rural Housing Authority 70 $345,208,490.00 =Total statewide allocation $172,604,245.00 =Local jurisdictions allocation Total Counties & Incorporated Population Estimate**Population County Totals Jurisdiction Totals Total for Distribution 172,604,245$ Carson City 56,434 56,434 1.79430%3,097,034.98$ Churchill County 26,202 Fallon 9,077 0.28860%498,135.64$ Unincorporated County 17,125 0.54448%939,800.90$ Clark County 2,320,107 Boulder City 16,127 0.51275%885,031.77$ Henderson 322,800 10.26331%17,714,903.98$ Las Vegas 655,489 20.84103%35,972,505.26$ Mesquite 24,971 0.79394%1,370,380.63$ North Las Vegas 258,761 8.22721%14,200,515.09$ Unincorporate County 1,041,959 33.12870%57,181,547.83$ Douglas County 49,082 49,082 1.56054%2,693,565.42$ Elko County 55,435 Carlin 2,674 0.08502%146,746.14$ Elko 21,492 0.68333%1,179,456.99$ Wells 1,296 0.04121%71,123.03$ West Wendover 4,535 0.14419%248,875.74$ Unincorporated County 25,438 0.80879%1,396,009.07$ Esmeralda County 999 999 0.03176%54,824.01$ Eureka County 1,936 1,936 0.06155%106,245.52$ Humboldt County 17,064 Winnemucca 7,937 0.25235%435,573.71$ Unincorporated County 9,127 0.29019%500,879.58$ Lander County 6,324 6,324 0.20107%347,054.07$ Lincoln County 5,293 Caliente 1,133 0.03602%62,177.78$ Unincorporated County 4,160 0.13227%228,296.16$ Lyon County 57,629 Fernley 20,901 0.66454%1,147,023.57$ Yerington 3,488 0.11090%191,417.55$ Unincorporated County 33,240 1.05685%1,824,174.13$ Mineral County 4,896 4,896 0.15567%268,687.02$ Nye County 48,414 48,414 1.53931%2,656,906.32$ Pershing County 6,983 Lovelock 2,046 0.06505%112,282.20$ Unincorporated County 4,937 0.15697%270,937.05$ Storey County 4,304 4,304 0.13684%236,198.72$ Washoe County 473,606 Reno 258,230 8.21033%14,171,374.40$ Sparks 103,230 3.28216%5,665,147.27$ Unincorporated County 112,146 3.56564%6,154,447.40$ White Pine County 10,477 Ely 4,275 0.13592%234,607.23$ Unincorporated County 6,202 0.19719%340,358.84$ Totals 3,145,185 3,145,185 100.0000%172,604,245.00$ IRS Bulletin: 2021-11 Saved in Excel as: 2021 Volume Cap Distribution Information Percentage of State Distribution of Federal Tax Exempt Private Activity Bonding Authority [CAP] State of Nevada - Department of Business & Industry Cities 2020 Based upon estimates from the Nevada State Demographer with the Nevada Department of Taxation For Use in Calendar Year 2021 Business 71 Nevada Rural Housing Authority is an equal opportunity provider and employer. Home At Last™ A Program of the Nevada Rural Housing Authority The Nevada Rural Housing Authority’s mission is to promote, provide and finance affordable housing opportunities for all rural Nevadans. Home At Last™homeownership programs – from mortgage tax credits,down payment assistance,low-rate mortgage options,to homebuyer education –provide rural Nevadans with an opportunity to achieve successful and sustainable homeownership, which is a key component to economic development.Nevada Rural Housing Authority recognizes the tremendous value in working together with our local communities and your commitment to helping to ensure every Nevadan has a home they can afford –it’s part of what makes rural Nevada a great place to live! Home At Last™Program Impact BOULDER CITY $40,000 in estimated Federal Tax Savings to homeowners in the City since 2006 $142,692 in Down Payment Assistance to homebuyers in the City since 2006 20 Nevadans became homeowners in the City with Home At Last™since 2006 Home At Last™Program Performance Since 2006 $60 MILLION Down Payment Assistance Provided $35.6 MILLION Estimated Tax Savings to Homeowners Reinvested in Local Communities $2.1 BILLION Mortgages Provided 10,002 HOMEOWNERS Mortgage Credit Certificates Down Payment Assistance Homebuyer Education 72 Nevada Rural Housing Authority is an equal opportunity provider and employer. Home At Last™ BOULDER CITY Pursuant to NRS 315 et.seq.,Nevada Rural Housing Authority (NRHA)operates under the oversight of a board of commissioners appointed by the Nevada Association of Counties and the Nevada League of Cities and Municipalities, and is defined as an instrumentality,local government and political subdivision of the State of Nevada,exercising public and essential governmental functions.NRHA’s area of operation is defined as communities with population below 150,000. Home At Last™Program Impact in Clark County Since 2006 Average Household Income: $57,498 Average Credit Score: 776 Average Loan Amount: $307,860 73 Nevada Rural Housing Authority is an equal opportunity provider and employer. Home At Last™ BOULDER CITY As a nationally recognized award-winning homeownership program,Home At Last™ provides unprecedented access to a wider range of affordable credit options,resulting in doors being opened for more rural Nevadans to own a home. A transfer of private activity bond cap to Nevada Rural Housing Authority benefits our local communities by providing affordable single-family home financing to low-and moderate-income households. $298,500.00 $314,204.00$5,970.00 $9,426.00 $285,000.00 $290,000.00 $295,000.00 $300,000.00 $305,000.00 $310,000.00 $315,000.00 $320,000.00 $325,000.00 $330,000.00 1 2 HOME AT LAST™ MORTGAGES AND DOWN PAYMENT ASSISTANCE BOULDER CITY –2020 Mortgages Provided Down Payment Assistance 0 1 2 Dennis Zicha, All Western Mortgage, Inc. Shawn McWilliams, RMS & Associates HOME AT LAST™ PARTICIPATING LENDERS SERVING BOULDER CITY 2020 11 LOAN TYPE USDA-RHS FHA 74 Nevada Rural Housing Authority is an equal opportunity provider and employer. Home At Last™ EDUCATION Home At Last™ University (HAL U,for short),is a nationally recognized program that provides homebuyers, lenders, and real estate professionals with 24/7 online access to required homebuyer education and program training. During the pandemic,HAL U prepared thousands of homebuyers, and trained hundreds of lenders and real estate professionals.HAL U has expanded its reach to assist rural Nevadans by providing the HUD required Housing Choice Voucher (Section 8)briefings to tenants who are unable to meet with a case worker in person. Has Student Debt, 2080, 49% Total Initiated , 2197, Student Debt Has Student Debt Total Initiated Less than $1500, 1386, $1501 - $5000, 85, 5% $5001 - $10000, 106, 6% More than $10000, 284, 15% Student Debt Balance Less than $1500 $1501 - $5000 $5001 - $10000 More than $10000 75 R7323 Historic Preservation Plan SUBJECT: For possible action: Matters related to a proposed Boulder City Historic Preservation Plan A. Presentation by Mariana Ruiz, Nevada Preservation Foundation B. Resolution No. 7323, a resolution of the City Council of Boulder City, Nevada adopting an Historic Preservation Plan for the City of Boulder City ADDITIONAL INFORMATION: ATTACHMENTS: Description Type Item 7 Staff Report Cover Memo Attachment 1 Resolution Letter Attachment 2 Backup Material Attachment 2 - part 2 Backup Material Attachment 3 Backup Material 76 City Council Meeting August 24, 2021 Item No. 7 Staff Report TO: Taylour Tedder, City Manager FROM: Michael Mays, Community Development Director DATE: August 24, 2021 SUBJECT: For possible action: Matters related to a proposed Boulder City Historic Preservation Plan A. Presentation by Mariana Ruiz, Nevada Preservation Foundation B. Resolution No. 7323, a resolution of the City of Boulder City, Nevada adopting an Historic Preservation Plan for the City of Boulder City Business Impact Statement: This action will not have a significant economic impact on business and will not directly restrict the formation, operation, or expansion of a business. Action Requested: That the City Council hear the presentation by the Nevada Preservation Foundation and consider Resolution No. 7323. Overview: • One of the City’s 2025 strategic plan goals was to adopt a historic preservation plan for the community. • Nevada Preservation Foundation was hired to prepare the draft plan. • The Historic Preservation Committee has reviewed and recommends approval of the draft plan. Background Information: The City hired the Nevada Preservation Foundation (NPF) in early 2020 to prepare a historic preservation plan for the community. This follows Goal D, Strategy 2 of the City’s 2025 Strategic Plan to develop a historic preservation plan for the community that will help guide the city on future historic preservation efforts. This mirrors the Historic Preservation Committee Goal # 2. Efforts by NPF to conduct public outreach were hampered by COVID- BOULDER CITY CITY COUNCIL MAYOR KIERNAN MCMANUS COUNCIL MEMBERS: JAMES HOWARD ADAMS CLAUDIA M. BRIDGES MATT FOX SHERRI JORGENSEN ◄ ● ► MEETING LOCATION: CITY COUNCIL CHAMBER 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 MAILING ADDRESS: 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 WEBPAGE: WWW.BCNV.ORG ◄ ● ► CITY MANAGER: TAYLOUR TEDDER,CECD CITY ATTORNEY: BRITTANY LEE WALKER, ESQ CITY CLERK: TAMI MCKAY, MMC, CPO ADMINISTRATIVE SERVICES DIRECTOR: BRYCE BOLDT COMMUNITY DEVELOPMENT DIRECTOR: MICHAEL MAYS, AICP PUBLIC WORKS DIRECTOR: KEEGAN LITTRELL, P.E. UTILITIES DIRECTOR: DENNIS PORTER, P.E. POLICE CHIEF: TIM SHEA FIRE CHIEF: WILLIAM GRAY, CFO FINANCE DIRECTOR: DIANE PELLETIER, CPA PARKS & RECREATION DIRECTOR ROGER HALL 77 19. A public meeting was held on March 5, 2020. A subsequent, virtual public engagement occurred in the fourth quarter of 2020 which resulted in feedback from 169 residents. NPF prepared a draft plan based on public input and presented to the Historic Preservation Committee (“Committee”) for review. It contains community background information, survey results and historic preservation recommendations. The draft plan offers 17 objectives or action items for the community to pursue over the next five years. Similar to the city’s strategic plan and economic development plan, NPF has developed a matrix (page 41 of the study included as Attachment 2) that provides a road map on action item priorities. On June 23, 2021, the Committee recommended approval of the plan for Council consideration. Financial: No impact Boulder City Strategic Plan Goal: Goal D – Promote Historic Preservation – Strategy 4: Amend existing codes to achieve historic preservation goals – Complete Historic Preservation Plan Department Recommendation: Community Development staff respectfully request that the City Council hear the presentation by the Nevada Preservation Foundation and consider Resolution No. 7323. Attachments: 1. Resolution 7323 2. Draft Boulder City Historic Preservation Plan – Part 1 3. Draft Boulder City Historic Preservation Plan – Part 2 4. NPS Presentation 78 RESOLUTION NO. 7323 RESOLUTION NO. 7323 OF THE CITY COUNCIL OF BOULDER CITY, NEVADA, ADOPTING AN HISTORIC PRESERVATION PLAN FOR THE CITY OF BOULDER CITY WHEREAS, The City does not have a historic preservation plan; and WHEREAS, The City Council adopted the 2025 Boulder City Strategic Plan on December 11, 2018; and WHEREAS, That Goal D – Promote Historic Preservation – Strategy 4: Amend existing codes to achieve historic preservation goals of the 2025 Boulder City Strategic Plan calls for the adoption of a historic preservation plan (“Plan”); and WHEREAS, The City sponsored two public outreach efforts in 2020 to seek community input for the Plan; and WHEREAS, The Historic Preservation Committee has reviewed and recommended City Council consideration of the Plan on June 23, 2021; and NOW, THEREFORE, BE IT RESOLVED that City Council approves the Boulder City Historic Preservation Plan as provided in Exhibit A DATED and APPROVED this 24th day of August, 2021. __________________________ Kiernan McManus, Mayor ATTEST: ______________________________ Tami McKay, City Clerk 79 BOULDER CITYHISTORIC PRESERVATION PLAN PREPARED BY NEVADA PRESERVATION FOUNDATION 80 BOULDER CITY HISTORIC PRESERVATION PLAN2 BOULDER CITY HISTORIC PRESERVATION PLAN PREPARED FOR: Boulder City 401 California Avenue Boulder City, NV 89005 PREPARED BY: Mariana Ruiz Cynthia Ammerman Nevada Preservation Foundation 330 W. Washington Avenue, Ste. 106 Las Vegas, NV 89106 AUGUST 2021 81 NEVADA PRESERVATION FOUNDATION 3 BOULDER CITY MAYOR AND COUNCIL Kiernan McManus, Mayor James Howard Adams, Councilman Claudia Bridges, Councilwoman Matt Fox, Councilman Sheri Jorgensen, Councilwoman HISTORIC PRESERVATION COMMITTEE Linda Graham Ray Turner Blair Davenport Glenn Feyen Charles Hauntz PLANNING COMMISSION Paul Matuska Nate Lasoff Ernest Biacsi Steve Rudd Beth Bonnar-Kaczmarski Matt DiTeresa Thomas Marvin CITY MANAGER’S OFFICE Taylour Tedder, City Manager Lisa LaPlante, Communications Manager COMMUNITY DEVELOPMENT DEPARTMENT Michael Mays, Community Development Director Susan Danielewicz, City Planner ACKNOWLEDGEMENTS 82 BOULDER CITY HISTORIC PRESERVATION PLAN4 CONTENTS CHAPTER 1 INTRODUCTION..............................................6 CHAPTER 2 BOULDER CITY HISTORIC PRESERVATION........10 CHAPTER 3 GOALS AND OBJECTIVES..............................26 CHAPTER 4 IMPLEMENTATION.......................................40 APPENDICES APPENDIX A COMMUNITY MEETING AND SURVEY RESULTS..........43 APPENDIX B HISTORIC PRESERVATION COMMITTEE GOALS.................68 APPENDIX C PRESERVATION ORDINANCES AND RESOLUTIONS.............70 APPENDIX D NV MODEL HISTORIC PRESERVATION ORDINANCE.....72 APPENDIX E SECRETARY OF THE INTERIOR’S (SOI) STANDARDS....90 APPENDIX F SOI PROFESSIONAL QUALIFICATIONS....................91 APPENDIX G NATIONAL REGISTER BULLETIN 15, SECTION VI......108 APPENDIX H BOULDER CITY MASTER PLAN NOTES..................122 APPENDIX I EASMENT TO PROTECT HISTORIC PROPERTIES........136 FIGURES FIGURE 1 BOULDER CITY HISTORIC DISTRICT MAP......................15 FIGURE 2 BOULDER DAM HOTEL PHOTOGRAPH.........................16 FIGURE 3 BOULDER CITY HOSPITAL PHOTOGRAPH...........................17 FIGURE 4 BOULDER CITY DEVELOPMENT BY DECADES................19 FIGURE 5 NRHP ELIGIBLE RESOURCES...................................20 FIGURE 6 COA APPROVAL MATRIX EXAMPLE............................29 83 NEVADA PRESERVATION FOUNDATION 5 THIS PAGE LEFT INTENTIONALLY BLANK 84 BOULDER CITY HISTORIC PRESERVATION PLAN6 INTRODUCTION Boulder City embarked upon the development of this plan in March 2020. As one of the most storied cities in Southern Nevada, Boulder City relies upon its history and historic architecture to not only provide a sense of place for residents, but to also provide visitors with a feel of an early era of Southern Nevada history and its association to national and international history. Today with development pressures and an increasing number of historic structures in Boulder City, a plan such as this is critical to the future of this community, its built environment and economic potential. CHAPTER 1 85 NEVADA PRESERVATION FOUNDATION 7 PURPOSE Boulder City’s history dates to pre-historic eras and was the home of Native Americans through arrival of European exploration and development of the 19th century. Like much of Nevada, the 19th century era brought an influx of mining prospectors and speculations that would change the natural landscape and how the land was inhabited. In the early 20th century Boulder City came into being and a significant settlement for permanent homes began, much due to the initiatives of the federal government. The Boulder Canyon Project Act, enacted on December 21, 1928 by President Calvin Coolidge, authorized the construction of the Hoover Dam in the Black Canyon on the Colorado River approximately 7 miles east from present day Bolder City. By late 1930, the Bureau began construction of Boulder City to house dam workers and permanent operators, and to be a central staging area for the dam construction activities. Modeled as the first fully developed experiment in 20th century new town planning, Boulder City provided housing, commercial enterprises and entertainment to keep residents within the confines of the city and away from the temptation of Las Vegas, thereby maintaining efficiency and safety during the construction of the dam. By 1932, the view north on Nevada Way toward the Bureau of Reclamation Building on the hill looked much as it does today. The development of Boulder City has continued with mid-20th century additions in the form of residential neighborhoods and a collection of motor courts along Nevada Way. Like much of Southern Nevada, Boulder City has grown significantly since its start. Yet, there has long been an ethic of preservation and recognition of the important place Boulder City and the Hoover Dam play in our national story. This origin story and preservation of the buildings associated with the era has been strong, however, there is great room for expansion to visually preserve the era of the Baby Boomers, Boulder City’s incorporation era of the 1960s and the neighborhoods of the 1970s. Because of Boulder City’s recognition as a national and international destination, it is particularly important to retain the historic fabric of this community through the retention of its architectural resources both residential and commercial. This historic preservation plan will provide background on past and current work on historic preservation and planning, an analysis of the issues facing Boulder City, goals and objectives for meeting these issues, and recommendations for the new Certified Local Government (CLG) status. 86 BOULDER CITY HISTORIC PRESERVATION PLAN8 METHODOLOGY In early 2020, Boulder City hired the Nevada Preservation Foundation (NPF) to assist the City with efforts to create a historic preservation plan based on archival research, analysis, and community outreach. The City envisioned holding multiple community meetings to engage with residents and to provide a platform for public comment regarding the preservation plan. Unfortunately, the COVID-19 pandemic greatly limited the ability of Boulder City to safely conduct public meetings. Due to the global pandemic that onset in 2020, the in-person public engagement that is typical of the planning process was limited to one community meeting on March 5, 2020. The workshop was attended by approximately 50 Boulder City residents, members of City Council and members the Historic Preservation Committee. Attendees worked in small groups led by NPF staff to discuss various topics including the structure and functions of the Historic Preservation Committee (HPC), the Boulder City historic preservation ordinance, the development of historic districts, and the role of heritage tourism as an economic driver. This workshop also educated residents on best practices for preserving buildings and the role of the Secretary of the Interior’s Standards in providing a framework, maintenance, and rehabilitation. Refer to Appendix A for details on the March 5th community meeting. With the increase in severity of the pandemic, no additional in person meetings were able to be safely held. NPF worked with Boulder City to pivot the outreach strategy using digital engagement platforms. To develop an initial direction for the preservation plan, NPF analyzed the community input from the March 5th meeting and concurrently conducted a review of Boulder City’s historic preservation literature, policies, and city planning documents. The result of this analysis was presented to the community through a video presentation via Boulder City’s cable channel as well as YouTube channel in September 2020. In addition, an online survey was created as a feedback tool that residents could participate in with or without having watched the video presentation. Residents were made aware of the online survey through the utility mailer, as is common practice by the City to disseminate information to residents. The survey addressed questions on various topics from the HPC, the historic preservation ordinance, preference for prioritizing historic resource surveys, and Boulder City’s possible participation in the Nevada Main Street program. In all, 169 Boulder City residents participated in the survey, providing significant input that guided NPF in developing the initial outline of the 87 NEVADA PRESERVATION FOUNDATION 9 historic preservation plan. Refer to Appendix A for the Survey Monkey results. It should also be noted that NPF attempted to provide a means for residents to participate in the survey over the telephone or through a paper option. Unfortunately, those options were not actualized and ultimately all responses came through the online survey. In addition to the survey, NPF conducted research and a thorough review of the following Boulder City reports: ◆Boulder City Historic District, Nomination to the National Register of Historic Places, Vol. I and II, July 1983 ◆Historic District Preservation Plan Summary Report, April 13, 1998 ◆Boulder City Redevelopment Plan, 1999 ◆Boulder City/US 93 Corridor Study Final Environment Impact Statement, 2005 ◆2018 Historic Preservation Community Survey ◆Boulder City Code, Title 11, Chapter 27 Historic Resources, Updated 03/21/2019 ◆The Historic District of Boulder City Nevada, Spring 2012 ◆Boulder City Master Plan, updated February 2015 ◆Economic Development Strategy, Boulder City, NV, September 2019 ◆Updated Architectural Survey and Inventory of the Boulder City Historic District, August 2020 Additional preservation reports that were studied and referenced in this plan include: ◆Nevada SHPO Model Ordinance for Historic Preservation, 2019 ◆City of Las Vegas Historic Properties & Neighborhood Preservation Plan Element, 2010 ◆City of Las Vegas Historic Preservation Ordinance, March 2011 ◆City of Henderson Historic Preservation Plan, June 2014 ◆Nevada SHPO Certified Local Government Handbook, revised 2018 ◆Clark County Comprehensive Master Plan Historic Preservation Element, 2019 ◆State of Nevada Historic Preservation Plan 2020-2028 88 BOULDER CITY HISTORIC PRESERVATION PLAN10 BOULDER CITY HISTORIC PRESERVATION Boulder City is a unique 20th century city. Its origins are the essence of American ingenuity and resilience. It is the result of careful planning and intentional design for the generations that were to follow. The streetscapes and neighborhoods tell the story of the broader American experience as the country grew and modernized its infrastructure after World War I and through the Great Depression. The neighborhoods developed during the Post-World War II era and into the 1970s also capture the essence of American growth and prosperity, providing housing and commercial amenities for tourists of the Atomic era and the great Southwest. The origins story of Boulder City has been well documented and preserved through key buildings located within the original historic district. The next step for Boulder City in its preservation legacy is to follow suit with national and regional trends to embrace the era of 1950s, 1960s and 1970s so that the community addresses existing housing conservation as well as identify potential sites and buildings that could expand the economic opportunities related to heritage tourism and real estate. CHAPTER 2 89 NEVADA PRESERVATION FOUNDATION 11 Historic Preservation Planning in Boulder City Long-term historic preservation planning initiatives of Boulder City took root in the 1980s with the establishment of the 1983 National Register of Historic Places Boulder City Historic District. This initial historic district was the result of community preservation enthusiasts who recognized the unique significance of Boulder City as a government and company boom town of the 1930s and 1940s. The historic district was comprised of 514 buildings that represented government commissioned residential multi-family, single family, and commercial buildings. Boulder City was the essence of a planned community that evoked the planning philosophies of the era that integrated thoughtful landscapes and the revivalist period of architectural design. Master planning initiatives in 1991 included policies to support the development of a historic preservation plan and ordinance and promotion of public awareness of the City’s historic and cultural resources. Boulder City continued to prioritize preservation planning through the 1990s, enacting the Historic District Preservation Plan Study Committee in 1996, which issued their findings summary in 1998. The aim of the 1998 Historic District Preservation Plan Summary Report was to further the goals that were set forth in the 1991 Boulder City Master Plan as mandated by Boulder City. Historic preservation was further emphasized in the 2003 Master Plan which recommended the creation of a Cultural Resource Comission and the establishment of design guidelines and an overlay district to address maintenance and preservation of historic housing features. 1998 Historic District Preservation Plan Summary Report The 1998 Historic District Preservation Plan Summary Report furthered the goals that were set forth in the 1991 Boulder City Master Plan. The Committee identified seven sub-areas within the historic district to recommend for future zoning overlays. Significant buildings within each sub-area were recognized and basic design guidelines were provided for each sub-area based on the character of the historic district. Additionally, the Committee recommended to establish a historic preservation ordinance and a Cultural Resource Committee (now known as the Historic Preservation Committee) to support the ordinance and historic preservation initiatives of the City. Other priority recommendations for the Cultural Resource Committee include: 90 BOULDER CITY HISTORIC PRESERVATION PLAN12 ◆Development of overlay zones in the historic district. ◆Development of education and cultural heritage initiatives. ◆Development of design guidelines for the historic district. ◆Development of financial and/or tax incentives for historic preservation. ◆Conduct surveys of prospective historic districts. ◆Obtain Certified Local Government (CLG) status. ◆Encourage rehabilitation of historic buildings. ◆Provide an appeal process for homeowners of historic resources who do not follow historic design guidelines. Boulder City Municipal Code, Title 11, Chapter 27 Historic Resources Boulder City’s Municipal Code, Title 11, Chapter 27 titled Historic Resources details the role of the City’s Historic Preservation Committee and outlines the historic preservation ordinance for Boulder City. The Historic Resources chapter was implemented due to ordinance no. 1369 effective on December 4, 2008, followed by ordinance no. 1572 that went into effect on October 20, 2016. The chapter contains seven sub-sections, including the purpose of the chapter, the duties of the Community Development Department and the Historic Preservation Committee, the designation of historic resources, the description of historic resources, historic development guidelines, and demolition and rehabilitation of historic resources. For a full copy of the document refer to the Boulder City government website: https://www. bcnv.org/DocumentCenter/View/3463/CITY-CODE----Historic-Resources-PDF Boulder City Historic Preservation Committee The Boulder City Historic Preservation Committee was established in 2006 under the mandate of ordinance no. 1295. The Committee is comprised of 5 residents of Boulder City, and it is tasked with advising the Planning Commission and the City Council on all matters pertaining to historic preservation and to assisting property owners with maintaining and enhancing the historic resources of Boulder City. The Committee’s duties are detailed in section 11-27-2-B of Boulder City’s Municipal Code, Title 11, Chapter 27, Historic Resources. Certified Local Government (CLG) Status Boulder City became a Certified Local Government in August 2019. The CLG program is a preservation partnership between local, state, and national governments focused 91 NEVADA PRESERVATION FOUNDATION 13 on promoting historic preservation. The program is jointly administered by the National Park Service (NPS) and the State Historic Preservation Office (SHPO) in each state. Each community works through a certification process to become a CLG as well as provides a detailed annual report on preservation activity. Cities participating in the CLG program benefit from financial resources to undertake historic preservation initiatives in the community and demonstrate their commitment to historic preservation efforts. One component of the requirements to maintain Certified Local Government status is the regular update of a community’s preservation comprehensive plan. Though overdue, the creation of this historic preservation plan is critical to the continuation of the City’s previous preservation planning efforts and the overall success of the preservation program. Since receiving CLG status, Boulder City has funded an updated historic resource survey of the Boulder City Historic District and the development of the 2020 Boulder City Historic Preservation Plan. The 2020 preservation plan will serve as a guide for both city staff as well as Boulder City citizens and property owners to identify concentrations of areas with high levels of historic integrity, make suggestions about possible resources to protect through local designation, highlight properties that may be eligible for National Register designation, and outline goals through long-range planning efforts, five and ten years out. 2020 Historic District Resource Survey In January 2020, Boulder City approved an update to the Historic District resource survey used to compile the 1983 Boulder City Historic District National Register nomination. The project was awarded to North Wind Resource Consulting, and was led by Courtney Mooney, MPS, during the spring of 2020. The survey focuses on the individual properties that make up the Boulder City’s Historic District to assess the level of historic integrity retained within the district since its creation in 1983. According to the updated survey, 518 buildings were identified in the historic district, of which 445 are residential, 52 are commercial, 12 are institutional, public, or semi- public, and 9 are associated with operational and/or maintenance activities. Of these properties, 225 properties are recommended as contributing resources to the district, with 293 properties recommended as non-contributing. Sixty-four properties, including the NRHP-listed Boulder City Hotel, are recommended as individually eligible for listing in the NRHP under Criterion A and under Criterion C. 92 BOULDER CITY HISTORIC PRESERVATION PLAN14 Nevada Preservation relies upon this survey throughout this Historic Preservation Plan to provide advice to Boulder City regarding the deterioration of the historic integrity of many of the city’s historic resources. We see Boulder City at an important juncture in its historic preservation. It is important that Boulder City engage with the public on this survey’s findings, making it clear the number of alterations that have left buildings with diminished historic integrity. Boulder City Master Plan The Boulder City Master Plan was adopted by the City Council in December of 2003 and updated in February of 2015. It lays out the principles, policies, and goals for the long-range planning needs of the community, including urban growth and annexation, use and development of land, preservation of open spaces, and the expansion of public facilities and services. Chapter 11 titled Historic Preservation, outlines policies to protect, promote, and stabilize historic resources, as well as includes an overview of the historic district and its characteristics. It is important to note that the Master Plan in its entirety is not sensitive to the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Refer to Appendix H for an overview of policies and initial recommendations to foster better preservation ethics.13, Controlled Growth Ordinance The citizens of Boulder City enacted various charter amendments to keep growth contained, striving to maintain the small-town charm of the city. The citizens adopted a ballot initiative in 1979 for growth control and another in 1997 to restrict how city land can be sold, as most of the vacant land is owned by the city. The city’s territory increased in 1995 with the acquisition of approximate 167 square miles of former federal land and again in 2008 with the annexation of 6.5 square miles of federal land, bringing the total area within the city’s limits to approximately 207 square miles, most of which is owned by the city, undeveloped and restricted to stay that way as detailed in Title 11, Chater 41 Controlled Growth Ordinance, of the City Code. 93 NEVADA PRESERVATION FOUNDATION 15 Boulder City Historic Resources Historic resources in Boulder City may include several types, such as buildings, structures, sites, districts, and landmarks. These resources are listed either on the Boulder City Historic Register, the State Register of Historic Places, the National Register of Historic Places, or a combination of these three. The type of designation of a historic resource is a result of the resource’s level of significance and association with local, state, or national history. Each designated resource in Boulder City has an association with Boulder City’s history as listed in the preservation ordinance section 11-27-3A, Criteria for Evaluation. Currently, there are only two extant nationally and locally designated historic resources within Boulder City: 1. Boulder City Historic District 2. Boulder Dam Hotel Boulder City Historic District The Boulder City Historic District is located in the Downtown area of Boulder City. Generally bounded by the Government Center and Watertank Hill on the north, the Railroad spur and Date Street on the west; New Mexico and Fifth Streets on the south; and California Avenue and Avenues F, I, and L on the east as illustrated in Figure 1: Boulder City Historic District boundary 94 BOULDER CITY HISTORIC PRESERVATION PLAN16 Figure 1. The district consists of 518 parcels, including in 447 residential properties, 50 commercial properties, 12 institutional, public, or semi-public buildings, and 9 buildings associated with operational and/or maintenance activities. The period of significance spans from 1931 to 1945, with several architectural styles, including Spanish Revival, Minimal Traditional, International, National Folk, and Ranch. The Historic District is Boulder City’s only designated historic district on the National Register and on the local register. An updated survey of the Historic District conducted by Northwind Resource Consultants in the spring of 2020, concluded that over half of the properties in the Historic District no longer contribute to the historic integrity of the area. National Register of Historic Places: 08/19/1983 Boulder City Historic Register: 2008 Boulder Dam Hotel Figure 2: Boulder Dam Hotel. Buildings of Nevada, Julie Nicoletta. New York: Oxford University Press, 2000, 236-236. The Boulder Dam Hotel filled an important function during the construction of the Hoover (Boulder) Dam. The Colonial-Revival hostelry was constructed in three stages beginning in 1932. Originally U-shaped, the structure became H-shaped by 1935. It has been in continuous use as a hotel since its construction and retains a high degree of integrity. Oriented to the north, it is located on Arizona Street, close to the historic business district. It is near all the Reclamation-era governmental structures that stepped down from the promontory which overlooks the town. The hotel continues 95 NEVADA PRESERVATION FOUNDATION 17 to provide accommodations to tourists and locals alike, with charming rooms, a restaurant, a lounge, a museum, gift shop, and art galleries. Address: 1305 Arizona Street, Boulder City, NV 89005 National Register of Historic Places: 07/11/1982 Nevada State Register of Historic Places: 07/11/1982 Boulder City Historic Register: 2008 Old Boulder City Hospital (Wellsprings/Life Giving Springs Retreat) Demolished Figure 3: Old Boulder City Hospital. Places that Were, 2016 The Boulder City Hospital was built in 1931 to serve the needs of the Six Companies, Inc. employees who were constructing Boulder Dam. It was built as an astylar, functional structure, designed to complement the stucco, arcuated public and commercial buildings that comprised the city’s master plan. It was actively used as a medical facility for a major part of the forty years and served as a retreat for the Episcopal Sisters of Charity from 1977 to 2000, when it was sold to the Western diocese of the Orthodox Church who remained it the Life-Giving Springs Retreat. In 2009, the diocese closed the retreat and listed the property for sale. The hospital was sold in July 2015 to local developer Randolph Schams who demolished the property in the spring of 2016 to potentially build a new housing development on the site. 96 BOULDER CITY HISTORIC PRESERVATION PLAN18 Address: 701 Park Place, Boulder City, NV 89005 National Register of Historic Places: 04/01/1982 Nevada State Register of Historic Places: 06/05/1981 Potential Historic Resources (1945-1970’s) As of January 2020, Boulder City has reached a new age threshold where historic resources from 1970 may qualify for nomination into the National Register of Historic Places. With many structures built after 1950, it is important for the City to conduct a city-wide historic resource survey to identify significant buildings, sites, and structures across Boulder City to include the preservation of postmodernist structures along with its current historic resources. Community involvement, education, and support will aid the City in its preservation efforts and develop a community consensus on the importance of preserving those structures from the recent past with the same eagerness for preserving the Historic Downtown District. The following potential resources have been identified by the Nevada Preservation Foundation, Boulder City’s Historic Preservation Committee, Northwind Resource Consulting LLC, and the Boulder City Community Development Department, based on their age (at least 50 years old), architectural merit, and relationship to Boulder City’s developmental and cultural history. These resources require additional study to determine their eligibility to the local, state, and/or National Register of Historic Places. Note: This list is by no means exhaustive. A proper reconnaissance level survey is required to identify ALL post 1945 potential resources in Boulder City. 97 NEVADA PRESERVATION FOUNDATION 19 Figure 4: Development of Boulder City by decades City Hall U T A H S TBOULDER CITY PK WY US 93BUCHANAN BLVDGEORGIAAVECANYO N RD SANFELIPEDRMARINA DRADAMSBLVDAVENUE BV I L L E D R VETERANSMEMORIALDR AVENUE GAVENUE IYUCCA STINDUST RI AL R D Q U A R T ZITERDWYOMING ST NEVADA W A YLA KE M OU N T A I ND R PA CIFIC A WAY ARIZONA ST CALIFORNIA AVEVETERANS M E M O R IA LD R ADAMS BLVDNEVADA WAYWE L L S RD WYOMING ST Vicinity Map ± Construction Year 1930's 1940's 1950's 1960's 1970's 1980 and newer BOULDER CITY, NV CITY OF COMMUNITY DEVELOPMENT JW BCGIS 09/03/2020 98 BOULDER CITY HISTORIC PRESERVATION PLAN20 Figure 5: Individually Eligible Resources in the Historic District. Updated Architectural Survey and Inventory of the Boulder City Historic District, NorthWind Consulting 2020 Updated Architectural Survey and Inventory of the Boulder City Historic District North Wind Resource Consulting, LLC Report No. 030459 Table 1. Summary of NRHP Individual Eligibility Recommendations Type Group Number Addresses Criteria Commercial (U) 3 1225 Arizona Street A 1305 Arizona Street (Listed) A, C 550 Nevada Way A, C Institutional/Public/Semi- public (S) 3 600 Nevada Way A, C 1200 Park Street (Admin Bldg) A, C 401 California Avenue A Reclamation Operational and Maintenance (V) 3 300 Railroad Avenue A 500 Date Street A 1310 Mountain View Place A, C Residential A 2 706 Park Street A, C 726 Park Street A, C Residential C 1 700 Park Street A, C Residential J 8 516 Cherry Street A, C 524 Cherry Street A, C 528 Cherry Street A, C 532 Cherry Street A, C 536 Cherry Street A, C 548 Cherry Street A, C 552 Cherry Street A, C 556 Cherry Street A, C Residential K 2 519 Cherry Street A, C 511 Cherry Street A, C Residential L 23 417 Birch Street A, C 418 Birch Street A, C 421 Birch Street A, C 99 NEVADA PRESERVATION FOUNDATION 21 Table 1. Summary of NRHP Individual Eligibility Recommendations Type Group Number Addresses Criteria 426 Birch Street A, C 438 Birch Street A, C 503 Birch Street A, C 504 Ash Street A, C 504 Birch Street A, C 507 Birch Street A, C 508 Birch Street A, C 511 Birch Street A, C 515 Birch Street A, C 519 Birch Street A, C 520 Birch Street A, C 523 Birch Street A, C 524 Birch Street A, C 527 Birch Street A, C 528 Birch Street A, C 531 Birch Street A, C 532 Birch Street A, C 536 Birch Street A, C 539 Birch Street A, C 540 Birch Street A, C Residential M 5 508–510 Ash Street A, C 512–514 Ash Street A, C 516–518 Ash Street A, C 520–522 Ash Street A, C 524–526 Ash Street A, C Residential N 2 409 Ash Street A, C 414 Ash Street A, C Residential O 5 1322 Denver Street A, C 1330 Denver Street A, C 100 BOULDER CITY HISTORIC PRESERVATION PLAN22 Table 1. Summary of NRHP Individual Eligibility Recommendations Type Group Number Addresses Criteria 1338 Denver Street A, C 308 Nevada Way A, C 324 Nevada Way A, C Residential P 2 405 Birch Street A, C 411 Birch Street A, C Residential (T) 3 904-906 Wyoming Street A, C 909-913 Wyoming Street A, C 1267-1269 Wyoming Street A, C Residential (X) 1 1411 Denver Street A, C Residential (W) 1 640 C Avenue A, C 101 NEVADA PRESERVATION FOUNDATION 23 Boulder City Historic Design Guidelines The Historic Preservation Committee has developed historic design guidelines for the Boulder City Historic District to help homeowners maintain the historic integrity of their properties. The guidelines include information on the building’s construction, including the housing type and key exterior architectural features. Following the guidelines for additions or modifications are encouraged, but not mandatory. However, in some cases non-compliance with the guidelines will result in a temporary delay of a building permit so that the request can be forwarded to the Historic Preservation Committee for their input and guidance. After that, the property owner may still build or remodel according to code. Not all items listed within the guidelines require a building permit, such as changing your landscaping. Refer to the Boulder City government website for copies of the guidelines according to property type. https://www.bcnv.org/175/Preservation-Documents 102 BOULDER CITY HISTORIC PRESERVATION PLAN24 Designation of Historic Resources Boulder City’s Historic Preservation Ordinance does not include the National Register of Historic Places (NRHP) criteria for the designation of historic resources. According to section 11-27-3-A of Boulder City’s municipal code Title 11, Chapter 27, Historic Resources, an area, neighborhood, or district may be designated as a Historic Area or Historic District; and any site, natural feature, structure, or building may be designated as a Landmark Site or Building of Historic Significance, if it has significant character, interest, or value as part of the development, heritage, or cultural characteristics of Boulder City, the State of Nevada, or the Nation; and if it falls into one or more of the following categories: Boulder City Historic Designation Process According to section 11-27-3-B of the Boulder City’s municipal code Title 11, Chapter 27, Historic Resources, any person, group, or association may nominate a prospective area, district, site or building for formal designation and inclusion in the Boulder City Historic Registry. The application process to nominate a historic resource is not detailed in the ordinance. However, once completed, the Historic Preservation Committee reviews the nomination and makes recommendations to the City Council. Any nomination regarding the creation of a historic area or district also requires a review and recommendation by the Planning Commission. Prior to any action by the City Council, a public hearing is held, and notice is mailed to owners of the property proposed to be so designated at least five, but not more than fifteen days prior to the date of the hearing. Following a determination of formal designation by the City Council, notice of the 103 NEVADA PRESERVATION FOUNDATION 25 determination shall be mailed to the owners of the property or properties affected by the designation, together with a copy of Title 11, Chapter 27, and any pertinent development guidelines. Such designation shall also be entered in the Boulder City Historic Registry. 104 BOULDER CITY HISTORIC PRESERVATION PLAN26 GOALS AND OBJECTIVES The following goals and objectives are the core of the Boulder City Historic Preservation Plan. These goals are derived from the preservation issues facing Boulder City identified through archival research and public feedback between March and December 2020. This chapter is divided into five primary preservation program components: The Historic Preservation Ordinance, the Historic Preservation Committee, Survey and Historic Context, Incentives, and Heritage Tourism. Each program component includes an analysis of the issues affecting its efficiency, followed by a goal. Each goal is then assigned an objective to achieve with recommendations. It is important to note that given the substantial loss of historic integrity in the Boulder City Historic District since its inception in 1983, Boulder City is at risk of losing much of its historic character and jeopardizing its future potential resources if it continues its current trajectory. A significant loss of integrity could mean the risk of losing historic designation, which could put at risk CLG status and the economic incentive opportunities that CLG status and historic designation is intended to provide. A combination of code amendments, surveys, education, planning, and community engagement are key factors for protecting Boulder City’s historic resources and to continue its path as a historic community. CHAPTER 3 105 NEVADA PRESERVATION FOUNDATION 27 Boulder City Historic Preservation Ordinance The City’s municipal code presently has a zoning ordinance titled Historic Resources in Title 11, Chapter 27. This section describes the regulation of historic resources in Boulder City, as well as the role of the Historic Preservation Committee (HPC). The ordinance was established in 2000 following the 1998 report by the Historic District Preservation Plan Study Committee titled “Historic District Preservation Plan: Summary Report”. Since establishing the preservation ordinance, several revisions have occurred to support the evolving preservation needs of the community, as listed in Appendix C. As it stands, the current ordinance could benefit from a more structured mandate following a closer accordance with the Secretary of the Interior’s (SOI) Standards for the Treatment of Historic Properties. By following SOI standards in local policy, Boulder City will allow for more fluidity in best preservation and development practices. The following goals and objectives outline a full review of the historic preservation ordinance based on the Nevada SHPO Model Ordinance, listed in Appendix D. GOAL 1 Review and amend Boulder City’s Code Title 11, Chapter 27 ‘Historic Resources’ to comply with current state and federal historic preservation standards. Objective 1.1: Update qualifications for designation listed in section 11-27-3-A of Title 11, Chapter 27 of the City Code. The criteria for federal designation should set the standard by which resources can be eligible to apply for historic designation at the local level. At the time of this plan, Boulder City’s designation process does not formally acknowledge the National Register of Historic Places (NRHP) criteria for eligibility. It is recommended that Boulder City formally reference NRHP criteria for all eligible and potentially eligible resources to streamline the nomination process for both the local and state designations. National Register Bulletin “How to Apply the National Register Criteria for Evaluation”, Section VI How to Identify the Type of Significance of a Property, sets the criteria for proper evaluation and eligibility standards. Please refer to Appendix G for an excerpt of the document. 106 BOULDER CITY HISTORIC PRESERVATION PLAN28 For those resources that do not meet NRHP criteria, it is recommended to continue with the local criteria as detailed in section 11-27-3-A of the ordinance. However, it is encouraged to expand on the current criteria to include an appropriate age threshold and social context considerations for eligible and potentially eligible resources. An age threshold will provide the City with a standard for qualifying historic resources based on their age. Objective 1.2: Update the procedure for landmark or historic district recommendations in section 11-27-3-B of Title 11, Chapter 27 of the City Code. The current Boulder City preservation ordinance does not provide a structured procedure for designating historic resources to the local register. The procedure for designation should include a detailed step-by-step process for individual resources and neighborhood designation. For an example of a detailed local designation process, please refer to section 6 of the NV SHPO Model Ordinance, included in Appendix D. Objective 1.3: Implement a Certificate of Appropriateness (CoA) for alterations and new construction affecting individually designated resources or historic districts. To protect the historic integrity of the Boulder City Historic District, as well as any individually designated resource and future resources, it is highly recommended to implement a Certificate of Appropriateness (CoA) for exterior alterations, infill development (within a historic district), and new additions to historic structures. As identified in the 2020 updated survey of the Boulder City Historic District, the loss of contributing resources was predominately due to incompatible modifications and renovations of private residences and businesses. This issue can be halted with an approval of a CoA by the HPC. Refer to section 7 of the NV SHPO Model Ordinance listed in Appendix D for a sample criterion to establish a CoA for alterations and new construction. Objective 1.4: Implement a Certificate of Appropriateness (CoA) for demolition of individually designated resources and for contributing properties in a historic district. Similar to a Certificate of Appropriateness (CoA) for alterations to historic resources and new construction in a historic district, it is recommended to implement a CoA 107 NEVADA PRESERVATION FOUNDATION 29 ACTION No Approval Administrative Commission No Approval Administrative Commission Additions XX Accessory structures (sheds, garages, etc.), visible/not visible from the street XX Awnings, new installation XX Awnings, color change XX Deck, visible/not visbile from the street XX Decorative shutters XX Demolitions, part/all of building or structure XX Doors, visible from the street XX Doors, not visible from the street XX Driveways XX Equipment (antennas, satellite dishes, etc.)XX Exterior siding (clapboard, stucco, brick, etc.) in-kind repair XX Exterior siding (clapboard, stucco, brick, etc.) replacement with new materials XX Fences or gates XX Foundation, repair XX Fountains, visible from the street XX Landscaping (mature trees), visible from the street XX New Construction (infill)XX Paint, color change XX Pool XX Porch, new construction XX Relocation of building/structure XX Re-pointing, repair XX COA APPROVAL MATRIX CONTRIBUTING NON-CONTRIBUTING ACTION No Approval Administrative Commission No Approval Administrative Commission Retaining walls XX Roof, repair XX Roof replacement in-kind XX Roof replacement with new materials XX Screen-in exisiting porches XX Screened-in porches-new construction XX Sidewalks, repair XX Sidewalks, new construction/materials XX Signs/plaques XX Site lighting, repair/replacement in-kind XX Site lighting, new XX Storm windows, replacement in-kind XX Storm windows, new materials XX Trim (scrollwork, fascia, porch details, etc.) repair/replacement in-kind XX Trim (scrollwork, fascia, porch details, etc.) new materials/design XX Windows, visible/not visible from the street, repair XX Windows, visible/not visible from the street, replacement in-kind XX Windows, visible/not visible from the street, new materials XX Revised June 2007 CONTRIBUTING NON-CONTRIBUTING Figure 6: City of Independence, Missouri CoA Approval Matrix 108 BOULDER CITY HISTORIC PRESERVATION PLAN30 procedure for demolition of historic resources in Boulder City. Refer to Section 8 of the NV SHPO Model Ordinance, for a sample criterion to establish a CoA for demolition. Objective 1.5: Develop an appeal process for property owners of historic resources who are subject to a demolition or building CoA. To provide a democratic platform for historic preservation, it is recommended to instate an appeal process for property owners of historic resources to petition demolition and alteration CoA decisions made by the HPC to the City Council by written request. The appeal process should outline the parameters for petitions, such as a time frame to appeal a decision from the HPC, any required application and fees, a scheduled public hearing time frame, and any public notice required by the City Council. The City Council will have the final say in any appeal case. For those property owners requesting an appeal for a demolition permit under a claim of economic hardship, a supplementary economic hardship application for an appeal must be submitted. Refer to section 7, subsection 2g and 2h and section 8, subsection c4 of the NV SHPO Model Ordinance for a reference on appeals and economic hardship relief, respectively. Objective 1.6: Establish a process and criteria for the nomination of historic districts lead by a neighborhood, citizen initiative, or other grassroots campaign. Currently, there is no avenue for community involvement in the nomination of a historic district detailed in the preservation ordinance. According to section 11-27-3-B Procedures for Designation of Title 11, Chapter 27 of the City Code, any one person, group, or association can nominate a prospective area or district without the approval of a majority. The nomination is then reviewed by the HPC and forwarded to the City Council to ultimately decide. With a grassroots approach, residents of a potential historic district unite to develop a community campaign to acquire a majority vote through the undertaking of community meetings, canvassing, and historic research to forward a district nomination to the HPC or to ultimately terminate the nomination if a certain voting threshold is not reached. This democratic approach gives residents an opportunity to voice their opinions and directly affect the outcome of a potential historic district, providing an opportunity for community involvement, education, and support for historic preservation initiatives across the City. 109 NEVADA PRESERVATION FOUNDATION 31 GOAL 2 The Historic Preservation Committee Currently, the Boulder City preservation ordinance only allows the Historic Preservation Committee (HPC) an advisory role to the Planning Department and to the City Council on matters pertaining to historic preservation. The HPC does not have the power to enforce the historic preservation ordinance, nor make any executive decision regarding historic preservation initiatives in Boulder City. In an effort to uphold the ordinance and protect the integrity of Boulder City’s Historic District and any future historic resource, a full update of the Historic Preservation Committee structure and their executive tasks and powers should be of utmost priority. The analysis of the HPC should be done within the framework of the Nevada Certified Local Government Handbook: https://shpo.nv.gov/uploads/documents/ Nevada_CLG_Handbook_-_Final_(2019).pdf Update the structure, powers, and duties of the Historic Preservation Committee (HPC) Objective 2.1: Update the executive tasks and powers of the HPC listed in section 11-27-2-B of Title 11, Chapter 27 of the City Code. In addition to the advisory role and tasks detailed in section 11-27-2-B of Title 11, Chapter 27 of the City Code, consider providing the HPC with the executive power to: ◆Approve, conditionally approve, or deny an application for historic designation. ◆Approve, conditionally approve, or deny a CoA for alterations, new construction, and/or demolition permit for designated and potentially eligible historic resource. ◆Develop and execute historic preservation initiatives financed with funds obtained as the result of CLG status or federal funds. Objective 2.2: Update the committee membership to include commissioners with a professional background. To establish a more balanced committee with professional insight into historic preservation, consider establishing a qualification standard for the addition of 2-3 voting members with professional backgrounds in either Archeology (prehistoric or historic), Architectural History, Conservation, Cultural Anthropology, Curation, Engineering, Folklore, Historic Architecture, Historic Landscape Architecture, Historic 110 BOULDER CITY HISTORIC PRESERVATION PLAN32 Preservation Planning, Historic Preservation, or History as detailed in the Secretary of the Interior’s Professional Qualification Standards, in Appendix F. Professions in the field of Architecture, Urban Planning, Building Construction, and Art History, are also excellent options for members of the HPC. However, if residents with a professional background as described above cannot be sourced in Boulder City, consider reaching out to residents of Las Vegas or Henderson to join the HPC as ex-officio, non-voting members to provide voting members with professional guidance on more sensitive preservation topics. Objective 2.3: Apply CLG funds towards preservation workshops and conferences for commissioners. It is recommended that HPC members attend yearly or biennial workshops, training, and historic preservation conferences to stay updated on current historic preservation standards, case-studies, and funding opportunities for future preservation initiatives in Boulder City. This training can be financed using CLG funds. 111 NEVADA PRESERVATION FOUNDATION 33 Identify and promote historic resources, including structures, districts, landmarks, and archeological sites, that help define a sense of place in Boulder City. Objective 3.1: Conduct a city-wide reconnaissance level survey (RLS) of the City’s historic resources. Since the 1980’s, the City has focused its attention and resources into documenting the early town site development of Boulder City. However, as Boulder City continues to grow beyond its founding history, its focus on historic preservation should also expand. It is recommended that Boulder City conduct a reconnaissance level survey (RLS) of the areas outside of the Historic District post 1945. It is recommended Boulder City utilized its CLG status to apply for state, federal and philanthropic funds for the following surveys: A City-Wide Historic Context Statement and Survey Objective 3 of the 2019 Historic Preservation Committee Goals, listed in Appendix B, recommends a city-wide historic resource survey to develop a historic context statement that will establish a complete timeline of the planning and development of Boulder City from its founding through 1981. At the time of this report, Boulder City has only surveyed resources within the existing Boulder City Historic District. No surveys exist outside of this boundary, which means that the architectural and urban development history and associated resources post-1945 is unaccounted for. In best preservation planning practices, there are two levels of surveys that can be performed: intensive or reconnaissance level. Reconnaissance level surveys primarily establish development trends, key architects/builders, design typology patterns, and a photographic record. Intensive level surveys are expanded reconnaissance surveys that also entail archival and historical research that is utilized to identify significant people, places, themes, events, builder/developer, and architectural styles. Intensive level surveys serve as the foundation for historic context statements that create the road map for future historic designation and preservation of existing housing stock. Historic context statements should be used to evaluate potential historic districts and individually eligible resources at the local, state, or national register. GOAL 3 112 BOULDER CITY HISTORIC PRESERVATION PLAN34 ◆1945-1960 Mid-Century Architecture ◆1960-1970 Modern/Experimental ◆1970-1980 Post Modern Architecture ◆1980-1985 Architecture of the recent past Such a survey work would provide a basis for identifying areas with potential integrity where historic preservation planning could be beneficial for existing housing. A RLS is the first step in putting a plan in place for more intensive surveys, historic contexts, and historic register nominations. Surveys for building stock of these time periods would situate Boulder City to look at existing housing during the Post-WWII era that is popular in the American Southwest. By prioritizing survey work from this era, Boulder City may also identify other architectural types of residential and commercial importance that are tied to the city’s incorporation date in 1960 and the controlled growth ordinance of 1970, which allows for Boulder City to retain its ‘small town’ feel. Objective 3.2: Complete a city-wide historic context statement. A city-wide historic context statement provides the framework for identifying and evaluating the City’s historic resources. It can identify important themes in the City’s history and development, including a broad range of architectural, social, ethnic, and cultural topics from the town site development up to the 1980’s, as outlined in Objective 3.1. Funding for a historic context statement can be sourced through the CLG Government Grant Program, the National Park Service, and the National Trust for Historic Preservation, as well as through other state and federal grants. Objective 3.2: Develop a Historic Resources Survey Plan It is recommended that Boulder City develop a schedule to update the local register and accompanying historic resource inventories. While the frequency for reviewing nominations and surveys will depend greatly on budgeting constraints, developing an 8–10-year plan to review and update historic inventories could stem the loss of historic integrity visible in the Boulder City Historic District. It is important, however, to develop a Historic Resources Survey Plan that conforms to the City’s financial and human 113 NEVADA PRESERVATION FOUNDATION 35 resources. If budget constraints make an 8–10-year plan unsustainable, then assessing the City’s resources and allocated funds will be required to set a more feasible date range. Objective 3.4: Establish a Memorandum of Agreement (MOA) for a historic preservation planning consultant. Hiring a historic preservation planning consultant will help Boulder City staff and the HPC identify potential historic resources, develop a framework for eligibility, review planning policies, and provide guidance on preservation initiatives in the city. A consultant can be hired using CLG funds. 114 BOULDER CITY HISTORIC PRESERVATION PLAN36 Incentives for Historic Preservation Providing incentives for property owners to follow design guidelines, especially if those guidelines are mandatory, eases the responsibility of being a historic property steward. There is a wide array of possible incentives for home and business owners of historic resources. Stated below is initial guidance on how to structure an incentive program based on the most widely used practices in municipalities of similar size. It is important for Boulder City to develop incentives that are reasonable for the City to fund and maintain. GOAL 4 Foster community support for preservation practices, promote the private and public use of historic structures. Objective 4.1: Develop a minor home repair program for residential properties that will support maintenance and integrity of historic districts and existing housing stock. Currently, only private businesses benefit from local Redevelopment Area funds for historic preservation projects. Residential homeowners do not have a source of funding for the maintenance of their historic properties. By establishing a minor home repair program for private homeowners, the City creates an incentive for historic preservation allowing residents to maintain the historic integrity of historic districts and individual properties. The City of Las Vegas has a similar program in the form of a matching grant that is funded through their Centennial license plates. This grant funds a range of history related programs, including small dollar grants for homeowners of historic resources through the Las Vegas HPC. Objective 4.2: Develop a historic preservation easement program overseen by the HPC. A historic preservation easement is a voluntary legal agreement, typically in the form of a deed, which permanently protects a significant historic property. Since it is a perpetual easement, an owner is assured that the property’s historic character will be preserved. In addition, an owner who donates an historic preservation easement may be eligible for one or more forms of federal tax benefits. Typically, easements are overseen by the municipality’s historic preservation officer or a nonprofit organization. Refer to Appendix I for the National Park Service brief on preservation easements. 115 NEVADA PRESERVATION FOUNDATION 37 Objective 4.3: Develop land use policies and financial incentives to encourage adaptive reuse of vacant historic buildings. Adaptive reuse of vacant historic buildings can revitalization commercial areas, promote local job growth, increase local tax revenue, and contribute to the long- term economic sustainability of communities. Before undertaking policy reform and financial incentives, a thorough economic, environmental, and social study needs to be conducted to assess the viability of adaptive reuse in Boulder City. 116 BOULDER CITY HISTORIC PRESERVATION PLAN38 Cultural Heritage Tourism The National Trust for Historic Preservation defines cultural heritage tourism as “… traveling to experience the places, artifacts, and activities that authentically represent the stories and people of the past and present. It includes cultural, historic, and natural resources.” Boulder City has set the tone for its cultural heritage tourism ideals: as “the home of Hoover Dam.” As an internationally recognized engineering marvel, the dam positions Boulder City in a perpetual unique tourism advantage for regional, national, and international tourism. The link between the development of the dam, the town site, and current historic preservation and sustainability trends press the exigency that Boulder City take the steps to craft a detailed heritage tourism plan. It is recommended that Boulder City also consider the benefits of local heritage tourism for neighborhood residents and youth through the development of walking tours to educate and engage neighbors with architecture and preservation trends. GOAL 5 Develop cultural heritage tourism programs based on historic preservation ideals as an economic driver and educational resource for the community. Objective 5.1: Use CLG, federal and philanthropic funds to hire a consultant/ nonprofit heritage tourism firm to develop a tailored Heritage Tourism Assessment for Boulder City. A tailored Heritage Tourism Assessment will identify the strengths, weaknesses, opportunities, and threats to heritage tourism attractions in Boulder City. This analysis should include an identification of target markets, current tourism trends, historic resources, and economic data to develop initiatives and implementation strategies specific to Boulder City. 117 NEVADA PRESERVATION FOUNDATION 39 THIS PAGE LEFT INTENTIONALLY BLANK 118 BOULDER CITY HISTORIC PRESERVATION PLAN40 IMPLEMENTATION Achieving a successful preservation program will require the implementation of goals and objectives by Boulder City’s Community Development Department, the Historic Preservation Committee, and the City Council. By working together, the City can effectively develop and promote an effective preservation program for the wellbeing of the community through education, advocacy, preservation, and economic development. The following matrix identifies the priority of implementation for the objectives listed in Chapter 3 with a suggested timeline for each objective. As resources are allocated, the City and the HPC should emphasize the highest priority actions whenever possible. CHAPTER 4 119 NEVADA PRESERVATION FOUNDATION 41120 BOULDER CITY HISTORIC PRESERVATION PLAN42 THIS PAGE LEFT INTENTIONALLY BLANK 121 NEVADA PRESERVATION FOUNDATION 43 APPENDIX A Boulder City Community Meeting Results March 5, 2020 Community Meeting Attendees Alan Goya Jill Lagan Ann Langer Joe Kahl Anne Kar Judy Hoskins Bill McElree Karen Hughs Bob Beutler Kiernan McManus Camille Ariotti Lesley DeFalco Carol Jeffries Linda Barnett Charles Hauntz Marci Riggs Chelsea West Mary Shope Debbie West Nathaniel Gee Dennis McBride Nicole Colins Devon West Philip Irby Eileen Wilkinson Roger Shoaff Ernie Koontz Ron Bordigioni Fred & Phyllis Sue Burger Fred Voltz Teresa Beaver Glenn Feyen Teri Moss Heather Abel Tiane Marie Henry Wolking Tom Ruggs Hermann Friedman Tsvetelina Stefanora James Adams Discussion Topics A. What is Historic Preservation? B. Historic Preservation Ordinance and Committee C. Grassroots Designation of Historic Districts D. Cultural Heritage Tourism Debrief/Results Each discussion topic was assessed in four different group sessions, allowing 15 minutes per topic. The participants were divided into four groups of 10-11 people and provided with information on each topic along with discussion questions to move the conversation forward and to obtain a sense of the community’s stand on Historic Preservation. The following results were obtained from each discussion topic. 122 BOULDER CITY HISTORIC PRESERVATION PLAN44 A. What is Historic Preservation? In this group, participants were provided with questions and topics relating to the Secretary of the Interior Standards for the Treatment of Historic Properties. This breakout session did not yield specific feedback from the community but was used as an educational tool to instruct participants on historic preservation standards, benefits, and objectives. Questions and topics included: 1. What are we trying to accomplish with historic preservation? a. Recording the history of our communities through architecture b. History is not just one point in time 2. What does it mean to create a false sense of history? a. Make changes to a building that were not originally there b. Alterations that hide the story of that building 3. Secretary of Interior’s Guidelines for the Treatment of Historic Properties a. Not about liking a building, but about preserving its importance b. Four approaches to historic preservation. Not all are created equal i. Preservation ii. Rehabilitation iii. Restoration iv. Reconstruction c. Which of these two could – if used incorrectly – create a false sense of history? 4. Case Studies representing good and poor historic preservation: 123 NEVADA PRESERVATION FOUNDATION 45 B. Historic Preservation Ordinance and Committee This breakout session included a discussion on the current historic preservation ordinance and the role of the historic preservation committee (HPC). After a brief overview of the ordinance and the HPC, discussion topics and questions included: 1. What is your level of experience with the historic preservation committee? 2. After reviewing other jurisdictions with HPC’s, which HPC model do you like best? 3. After reviewing Boulder City’s HPC structure, what do you like about Boulder City’s HPC? What don’t you like? 4. What do you want Boulder City’s HPC to do for the community? 5. Do you feel it is in the best interest of the community for the HPC to enforce a historic ordinance? 6. To what extent should this ordinance be enforced? i.e. merely as voluntary guidelines or strictly enforced laws that protect the historic integrity of historic resources? Or somewhere in the middle? 7. Should owning property with historic designation or in a historic district come with covenants that limit an owner’s choices? Why or why not? 8. Should there be an appeals process put in place for homeowners who are restricted by covenants? What does that appeals process consist of? Results / Feedback Based on the presentation and discussion topics, the main takeaway from the breakout session included: 1. The Historic Preservation Committee (HPC) must enforce the historic preservation ordinance – highly supported by attendees. 2. In support of the HPC’s enforcement of the ordinance, the attendees requested an appeal process for homeowners who have been rejected a building permits, demo permit, or rehab permit for historically designated resources that do not follow the historic design guidelines. 3. The HPC should include members with professional backgrounds in history, historic preservation, architecture, construction, engineering, or a relevant subject. This was supported by approximately 70% of the attendees. Those in opposition recommended a that potential members with professional background serve as consultants only to allow for a fair distribution of power. 4. Better communication between the HPC, the City, and Boulder City residents regarding historic preservation initiatives. Approximately 80% of the attendees were not informed about the role of the HPC, the ordinance, and the historic design guidelines. Attendees requested better communication from the City regarding meetings, agenda items, enforcements, guidelines, etc. 5. Financial incentives for historic preservation. Every attendee agreed that government grants/funding would help residents maintain their homes in the historic district and provide an incentive for residents to follow the design guidelines. 124 BOULDER CITY HISTORIC PRESERVATION PLAN46 C. Grassroots Designation of Historic Districts This breakout session included a discussion of a grassroot designation model for potential historic districts. After a brief overview of the grassroot historic designation process and the options for a neighborhood campaign, the following results were yielded: PARTICIPANTS Of 42 workshop attendees: x 22 lived within an existing historic district or a home built before 1950 x 20 lived outside of an existing historic district or a home built after 1950 CONSIDERING "New" History and New Historic District Designation Concerning opportunities for 1950s, 1960s, and 1970s neighborhoods: x Most participants agree that 1950s, 1960s and even 1970s neighborhoods are at least worth documenting via a windshield survey. x Some questioned legitimacy of "40 years" rule mark towards evaluating architectural merit. x Some questioned if development of newer historic district "devalues" the original historic district SUPPORT FOR GRASSROOT DESIGNATION How many supporting homeowner statements should be required to move forward towards designation? x 2 participants voted to require less than 51% homeownership support x 22 participants voted to require exactly 51% homeownership support x 16 participants voted to require more than 51% homeownership support x 2 participants abstained from voting OPPOSITION FOR GRASSROOT DESINATION How many opposing homeowner statements should be required to halt progress towards becoming a historic district, even in the case of majority support? x 25 participants voted to require greater than 20% opposition x 8 participants voted to require 20% opposition x 6 participants voted to require under 20% opposition x 3 participants abstained from voting Among folks who voted for tougher standards, the following reasons were cited: x Costs for design review x The modernist and postmodernist aesthetics not considered historic x Government oversight x Restrictive design review guidelines x New historic districts would devalue Boulder City’s original historic district x New historic districts would be quite small in Boulder City 125 NEVADA PRESERVATION FOUNDATION 47 D. Cultural Heritage Tourism This breakout session included a discussion about current and possible events for cultural heritage tourism based on historic preservation in Boulder City. The following feedback and reaction from the attendees were noted: 1. All residents were deeply passionate about their community and what it has to offer both locals and tourists. 2. Tourism vs. local programming: all attendees felt there is a need for additional visitors to Boulder City and understand the connection to the City’s economic well-being. Most felt this could be done thoughtfully so that the needs of tourists and locals could be met. 3. All participants agreed that tourism is an essential part of economic success and viability. 4. Being more effective in partnering with different organizations to provide the best experience to visitors and to yield a profit. 5. The common tourism/event themes and areas to explore: a. Music festivals b. Events on the lake flatbed c. More partnerships with tourism groups to increase local tourism opportunities. d. Mid-Century themed walking/bus tours. e. Antique Road Show/Event 126 BOULDER CITY HISTORIC PRESERVATION PLAN48 September 2020 Community Update Due to the COVID-19 pandemic, Nevada Preservation did not hold a second in-person community meeting to prevent the spread of the virus. Instead, in September of 2020, after compiling a draft of the historic preservation plan, Nevada Preservation pre-recorded an update of the recommendations presented in the preservation plan which was aired on Boulder City’s TV (BCTV) channel and on the official Boulder City YouTube channel. The presentation was advertised on the September 2020 utility mailer received by the entire Boulder City community. To obtain the communities' feedback on the pre- recorded update, an online survey was created on Survey Monkey with 20 questions related to the presentation. The survey was advertised by Boulder City’s Communication Department and by Nevada Preservation through social media, local publications, direct email to residents, and BCTV. The survey was open from October 5th to November 30th, 2020 and monitored via I.P. address to prevent duplicate responses. At the close of the survey on November 30th, 169 responses had been received. The following data summarizes the results. 127 NEVADA PRESERVATION FOUNDATION 49 Boulder City Historic Preservation Plan Survey SurveyMonkey 1 / 80 69 11,731 169 Q1 Good historic preservation means sometimes telling an owner, developer, property owner that they cannot undertake their plans without making some changes. Answered: 169 Skipped: 0 Total Respondents: 169 0102030405060708090100 ANSWER CHOICES AVERAGE NUMBER TOTAL NUMBER RESPONSES 128 BOULDER CITY HISTORIC PRESERVATION PLAN50 Boulder City Historic Preservation Plan Survey SurveyMonkey 7 / 80 71 12,027 169 Q2 Boulder City should use the National Register of Historic Places criteria for the designation of historic resources. Answered: 169 Skipped: 0 Total Respondents: 169 0102030405060708090100 ANSWER CHOICES AVERAGE NUMBER TOTAL NUMBER RESPONSES 129 NEVADA PRESERVATION FOUNDATION 51 Boulder City Historic Preservation Plan Survey SurveyMonkey 13 / 80 58.58% 99 75.74% 128 52.66% 89 14.79% 25 Q3 Boulder City should delay and review demolition, including public input, for at least 60 days for which of the following (select as many as you would like): Answered: 169 Skipped: 0 Total Respondents: 169 Any building, structure, o... Any building, structure or... Any building that’s under... Boulder City should never... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Any building, structure, or site over 50 years old Any building, structure or site that has been designated Any building that’s under 50 years old, but is thought to hold historic importance Boulder City should never delay demolition and seek public input for any building, structure, or site 130 BOULDER CITY HISTORIC PRESERVATION PLAN52 Boulder City Historic Preservation Plan Survey SurveyMonkey 14 / 80 59 9,790 166 Q4 The Historic Preservation Committee should have the ability to approveor deny applications to rehabilitate or demolish resources on the BoulderCity Register of Historic Places based on existing historic designguidelines.Answered: 166 Skipped: 3 Total Respondents: 1660102030405060708090100ANSWER CHOICESAVERAGE NUMBERTOTAL NUMBERRESPONSES Boulder City Historic Preservation Plan Survey SurveyMonkey 20 / 80 85 14,116 166 Q5 Property owners, who are not allowed to make changes to their building, should be able to appeal that decision. Answered: 166 Skipped: 3 Total Respondents: 166 0102030405060708090100 ANSWER CHOICES AVERAGE NUMBER TOTAL NUMBER RESPONSES 131 NEVADA PRESERVATION FOUNDATION 53 Boulder City Historic Preservation Plan Survey SurveyMonkey 26 / 80 84 13,913 166 Q6 Members of the Historic Preservation Committee should be required to attend trainings on historic preservation at least once every 2 years. Answered: 166 Skipped: 3 Total Respondents: 166 0102030405060708090100 ANSWER CHOICES AVERAGE NUMBER TOTAL NUMBER RESPONSES 132 BOULDER CITY HISTORIC PRESERVATION PLAN54 Boulder City Historic Preservation Plan Survey SurveyMonkey 32 / 80 82 13,579 166 Q7 Some of the members of the Historic Preservation Committee should have professional experience in history, architecture, construction, historic preservation, and other relevant subjects. Answered: 166 Skipped: 3 Total Respondents: 166 0102030405060708090100 ANSWER CHOICES AVERAGE NUMBER TOTAL NUMBER RESPONSES 133 NEVADA PRESERVATION FOUNDATION 55 Boulder City Historic Preservation Plan Survey SurveyMonkey 38 / 80 73.49%122 26.51%44 Q8 The Historic Preservation Committee members with professional experience should serve as: Answered: 166 Skipped: 3 TOTAL 166 As Regular, Voting Members As Non-Voting Members, onl... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES As Regular, Voting Members As Non-Voting Members, only giving advice 134 BOULDER CITY HISTORIC PRESERVATION PLAN56 Boulder City Historic Preservation Plan Survey SurveyMonkey 39 / 80 67 10,396 156 Q9 Residents should be able to nominate their neighborhoods as historic districts by organizing and voting. Answered: 156 Skipped: 13 Total Respondents: 156 0102030405060708090100 ANSWER CHOICES AVERAGE NUMBER TOTAL NUMBER RESPONSES 135 NEVADA PRESERVATION FOUNDATION 57 Boulder City Historic Preservation Plan Survey SurveyMonkey 45 / 80 74 11,581 156 Q10 Boulder City staff should help residents with the application process to nomination historic districts. Answered: 156 Skipped: 13 Total Respondents: 156 0102030405060708090100 ANSWER CHOICES AVERAGE NUMBER TOTAL NUMBER RESPONSES 136 BOULDER CITY HISTORIC PRESERVATION PLAN58 Boulder City Historic Preservation Plan Survey SurveyMonkey 51 / 80 Q11 What percentage of neighborhood residents should be required to nominate a historic district? Please rank the following according to your preference where (1) you like the most and (4) you like the least. Answered: 156 Skipped: 13 10.90% 17 25.64% 40 19.87% 31 43.59% 68 156 2.04 50.64% 79 28.21% 44 18.59% 29 2.56% 4 156 3.27 2.56% 4 23.08% 36 42.95% 67 31.41% 49 156 1.97 35.90% 56 23.08% 36 18.59% 29 22.44% 35 156 2.72 Must have at least 30% of... Must have at least 51% of... Must have at least 30% in... Must have at least 51% in... 01 2 3 4 5 6 7 8 910 1234TOTALSCORE Must have at least 30% of homeowners in a proposed district in support Must have at least 51% of homeowners in a proposed district in support Must have at least 30% in support, but if 20% are opposed there is no historic designation Must have at least 51% in support, but if 20% are opposed there is no historic designation 137 NEVADA PRESERVATION FOUNDATION 59 Boulder City Historic Preservation Plan Survey SurveyMonkey 52 / 80 83 12,346 149 Q12 It is very important to identify historic buildings throughout Boulder City. Answered: 149 Skipped: 20 Total Respondents: 149 0102030405060708090100 ANSWER CHOICES AVERAGE NUMBER TOTAL NUMBER RESPONSES 138 BOULDER CITY HISTORIC PRESERVATION PLAN60 Boulder City Historic Preservation Plan Survey SurveyMonkey 57 / 80 Q13 Nevada Preservation recommended that Boulder City develop a priority list for surveys and historic preservation projects. There are many ways this list could be prioritized. Below are six options, please rank them according to your preference where (1) is the one you like most and (6) is the one you like least. Answered: 149 Skipped: 20 14.09% 21 34.23% 51 23.49% 35 17.45% 26 5.37% 8 5.37% 8 149 4.18 2.68% 4 0.67% 1 4.70% 7 8.72% 13 24.83% 37 58.39% 87 149 1.72 57.72% 86 18.12% 27 10.74% 16 8.05% 12 4.03% 6 1.34% 2 149 5.13 5.37% 8 10.07% 15 19.46% 29 20.81% 31 30.87% 46 13.42% 20 149 2.98 13.42% 20 18.79% 28 15.44% 23 26.17% 39 17.45% 26 8.72% 13 149 3.58 6.71% 10 18.12% 27 26.17% 39 18.79% 28 17.45% 26 12.75% 19 149 3.40 Older resources first New resources first Most endangered/d... Most intact areas first Areas where owners are m... Areas that border the... 01 2 3 4 5 6 7 8 910 1 2 3 4 5 6 TOTAL SCORE Older resources first New resources first Most endangered/distressed areas first Most intact areas first Areas where owners are most engaged first Areas that border the current historic district 139 NEVADA PRESERVATION FOUNDATION 61 Boulder City Historic Preservation Plan Survey SurveyMonkey 58 / 80 82 12,136 148 Q14 It is important to learn about the history of Boulder City up to the present time, to identify historic buildings and structures. Answered: 148 Skipped: 21 Total Respondents: 148 0102030405060708090100 ANSWER CHOICES AVERAGE NUMBER TOTAL NUMBER RESPONSES 140 BOULDER CITY HISTORIC PRESERVATION PLAN62 Boulder City Historic Preservation Plan Survey SurveyMonkey 63 / 80 80 11,907 148 Q15 Buildings, structures, and sites from 1945 – 1960s are important to Boulder City’s architectural and cultural history. Answered: 148 Skipped: 21 Total Respondents: 148 0102030405060708090100 ANSWER CHOICES AVERAGE NUMBER TOTAL NUMBER RESPONSES 141 NEVADA PRESERVATION FOUNDATION 63 Boulder City Historic Preservation Plan Survey SurveyMonkey 68 / 80 61 9,075 148 Q16 Buildings, structures, and site from the 1960s – 1980s are important to Boulder City’s architectural and cultural history. Answered: 148 Skipped: 21 Total Respondents: 148 0102030405060708090100 ANSWER CHOICES AVERAGE NUMBER TOTAL NUMBER RESPONSES 142 BOULDER CITY HISTORIC PRESERVATION PLAN64 Boulder City Historic Preservation Plan Survey SurveyMonkey 73 / 80 70 10,166 145 Q17 If Boulder City joined the Nevada Main Street Program, they would get access to training, grants, and support to increase tourism for locals and tourists. Boulder City would have to pay an at least part-time staffer to run this program for the City. How supportive are you of Boulder City becoming a Nevada Main Street Town? Answered: 145 Skipped: 24 Total Respondents: 145 0102030405060708090100 ANSWER CHOICES AVERAGE NUMBER TOTAL NUMBER RESPONSES 143 NEVADA PRESERVATION FOUNDATION 65 Boulder City Historic Preservation Plan Survey SurveyMonkey 78 / 80 Q18 In the presentation, Nevada Preservation talked about several different forms of historic preservation incentives. Please rank them in order of your preference where (1) you like the most and (4) you like the least: Answered: 145 Skipped: 24 17.24% 25 25.52% 37 30.34% 44 26.90% 39 145 2.33 38.62% 56 26.90% 39 17.93% 26 16.55% 24 145 2.88 20.69% 30 26.21% 38 24.83% 36 28.28% 41 145 2.39 23.45% 34 21.38% 31 26.90% 39 28.28% 41 145 2.40 Tax Incentives (example:... Financial Incentives... Regulatory Relief... Community Incentives... 01 2 3 4 5 6 7 8 910 1234TOTALSCORE Tax Incentives (example: locally designated homes' property taxes are frozen for 3-5 years) Financial Incentives (example: a matching grant for renovations that meet design guidelines) Regulatory Relief (example: waiver of building codes that don't jeopardize life safety) Community Incentives (example: demolition of historic structures for parking lots discouraged) 144 BOULDER CITY HISTORIC PRESERVATION PLAN66 Boulder City Historic Preservation Plan Survey SurveyMonkey 79 / 80 59.31%86 26.21%38 62.07%90 19.31%28 55.17%80 9.66%14 2.76%4 Q19 When you think about historic preservation in Boulder City, what concerns or worries you the most? Choose as many as you would like. Answered: 145 Skipped: 24 Total Respondents: 145 Government overreach Loss of tourism Loss of our community... Con flict with my neighbors Financial responsibili... My house is not nice eno... Meeting new people 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Government overreach Loss of tourism Loss of our community history Conflict with my neighbors Financial responsibility of keeping up a historic home My house is not nice enough for historic designation Meeting new people 145 NEVADA PRESERVATION FOUNDATION 67 Boulder City Historic Preservation Plan Survey SurveyMonkey 80 / 80 66.21% 96 57.93% 84 69.66% 101 34.48% 50 11.72% 17 17.93% 26 17.24% 25 51.72% 75 Q20 When you think about historic preservation in Boulder City, what makes you excited about your town? Choose as many as you would like. Answered: 145 Skipped: 24 Total Respondents: 145 Learning about the history ... Increase in tourism More locals and visitors... Possible incentives t... Getting my home on the... Working with my neighbors... Meeting new people Protecting our historic hom... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Learning about the history of my neighborhood and/or community Increase in tourism More locals and visitors learning about our history Possible incentives to work on my historic home Getting my home on the local historic register Working with my neighbors to get our neighborhood designated as a historic district Meeting new people Protecting our historic homes through mandatory design guidelines 146 BOULDER CITY HISTORIC PRESERVATION PLAN68 APPENDIX B HISTORIC PRESERVATION COMMITTEE GOALS OBJECTIVE ACTION ITEM TENTATIVE TIMELINE 1. Develop a mission statement x Mission statement, proposed by HPC and presented to City Council would direct future activities regarding Historic Preservation efforts in community 07.01.19 - 10.30.19 2. Develop a Historic Preservation Plan for Boulder City x Review BC 1998 Historic Preservation Plan x Review Henderson's 2004 Historic Preservation Plan and other city's plans to identify similar goals, objectives, and tasks x Include goal - "Review & amend existing City codes and charter to achieve historic preservation goals x Incorporate other Strategic Plan Goals and Strategies as appropriate into Historic Preservation Plan x Historic Preservation Committee (HPC) to review/comment on Historic Preservation Plan 07.01.19 - 06.30.20 3. Explore creating new Historic Preservation Districts in Boulder City x Conduct a city-wide reconnaissance and/or intensive survey to identify historic and cultural places that are historically significant x Complete a city-wide historic context statement that expands from previous historic contexts (e.g. BC Historic District); develop a complete chronological history of the City of Boulder City up to the present x Complete appropriate City, State, and/or National Register Nomination Forms for historic and cultural places x HPC to review/comment on inventories, historic context statement, and historic property nomination forms 02.15.19 - 06.30.21 4. Amend existing codes, and programs to achieve historic preservation goals and to comply with CLG and SOI Standards x Existing Chapter 11-27 Historic Resources x Ordinance #1103 (adopted Feb 22, 2000 then repealed Mar 8, 2005 by Ordinance #1243) x Other codes that address Signage; Demolition & Demolition by Neglect; Blight & boarded-up buildings; Landscaping: Building codes; New / infill construction; Zoning; RDA x Update and/or draft additional illustrative guidelines or standards for existing or newly designated historic properties x HPC to review/comment on code, charter amendments Amend City Code to create a new 'Chapter 5 - Historic Preservation Commission', under 'Title 3, Boards & Commissions, Chap 1 - Definitions'" 07.01.19 - 06.30.21 5. Identify financial incentives to promote historic preservation x Work with property owners, businesses, stakeholders, realtors, developers, landlords, Chamber of Commerce, etc. to encourage use of financial incentives to promote the purchase and adaptive use of historic properties. x HPC to review/comment on new RDA grant program and guidance prior to submission to City Council 07.01.19 - 06.30.20 6. Promote economic development through historic preservation x Prepare a white paper on economic development benefits of historic districts x Develop a marketing campaign that highlights BC unique historic assets x HPC to review/comment on white paper and marketing campaign prior to submission to City Council 07.01.19 - 06.30.22 HISTORIC PRESERVATION COMMITTEE GOALS 7. Develop an educational campaign that promotes historic Boulder City and encourages historic preservation x HPC continues to work with partners (Museum, Art Guild, Chamber of Commerce, businesses, residents, etc.) regarding HPC-related events x HPC continues to prepare annual Historic Preservation Day event in May which can involve workshops, speakers, tours, etc. x HPS continues to oversee annual Historic Preservation Award program in May x HPC to review/comment on educational campaign prior to submission to City Council 07.01.22 - 06.30.24 8. Identify historic buildings to repurpose and reuse as appropriate for a given area x Complete Stantec Study that evaluates City needs for City owned historic buildings x Research successful examples of adaptive reuse of historic buildings 01.05.19 - 01.05.24 147 NEVADA PRESERVATION FOUNDATION 69 THIS PAGE LEFT INTENTIONALLY BLANK 148 BOULDER CITY HISTORIC PRESERVATION PLAN70 APPENDIX C Boulder City Historic Preservation Ordinances DQG5HVROXWLRQVௗ ௗ–ௗ Resolution QRௗ ௗ$GRSWLRQRIWKH 0DVWHU3ODQIRUWKHFRPPXQLW\SXUVXDQWWR 156 – 5HVROXWLRQQR 5HVROXWLRQRIWKH&LW\&RXQFLORI%RXOGHU&LW\19HVWDEOLVKLQJD KLVWRULFGLVWULFWSUHVHUYDWLRQSODQVWXG\FRPPLWWHH ௗ-ௗ 2UGLQDQFH QRௗ ௗ$QRUGLQDQFHDPHQGLQJ 7LWOHE\DGGLQJDQHZ FKDSWHU 27 HQWLWOHG³+LVWRULF PUHVHUYDWLRQ´ $0-99- – 5HVROXWLRQ 5HVROXWLRQRIWKH&LW\&RXQFLORI%RXOGHU&LW\1HYDGDWRDSSURYHWKH UHTXHVWWRUHSHDODQGUHSODFHWKH 0DVWHU3ODQDVDPHQGHGZLWKWKH0DVWHU Plan. ௗ–ௗ 2UGLQDQFH no. ௗ$QRUGLQDQFHDPHQGLQJ 7LWOH =RQLQJDQG6XEGLYLVLRQV to UHSHDORI&KDSWHU µ+LVWRULF3UHVHUYDWLRQ¶ $0-- ௗ ௗ ௗ–ௗ 2UGLQDQFH QRௗ ௗ$QRUGLQDQFHE\WKH&LW\RI%RXOGHU&LW\WRDPHQG7LWOH 11 =RQLQJ E\DGRSWLQJ &KDSWHU- +LVWRULF5HVRXUFHVௗ ௗ ௗ–ௗ 2UGLQDQFH QRௗ $QRUGLQDQFH RI WKH&LW\RI%RXOGHU&LW\WRDPHQG &KDSWHURI 7LWOH=RQLQJDQG6XEGLYLVLRQVWRFKDQJHWKHPHHWLQJGDWHRIWKHKLVWRULF SUHVHUYDWLRQFRPPLWWHH $0-- ௗ ௗ–ௗ 2UGLQDQFHௗQR $QRUGLQDQFHRIWKH&LW\RI%RXOGHU&LW\ WRUHSHDODQGUHSODFH7LWOH &KDSWHURIWKH&LW\&RGH+LVWRULF5HVRXUFHVEDVHGRQD UHFRPPHQGDWLRQ IURP WKH+LVWRULF3UHVHUYDWLRQ&RPPLWWHH $0-- ௗ ௗ– &RPPXQLW\+LVWRULF3UHVHUYDWLRQ6XUYH\UHODWLYHWRSRVVLEOHIXWXUHDPHQGPHQWV WR&KDSWHU-27 RIWKH&LW\&RGH µ+LVWRULF5HVRXUFHV¶ ௗ ௗ–ௗ 2UGLQDQFH QRௗ ௗ$QRUGLQDQFHRIWKH&LW\RI%RXOGHU&LW\1HYDGDWRDPHQG7LWOH &KDSWHURIWKH&LW\&RGHIRUPLQRUXSGDWHVWRWKH+LVWRULF5HVRXUFHV&KDSWHU $0- 11- ௗ ௗ–ௗ 2UGLQDQFH QRௗ ௗ$QRUGLQDQFHRIWKH&LW\RI%RXOGHU&LW\1HYDGDWRUH-DGRSW7LWOH &KDSWHU RIWKH&LW\&RGH+LVWRULF5HVRXUFHVDV SHU156 UHTXLUHPHQWV LQFOXGLQJWKHERXQGDULHVRIWKHIHGHUDOO\HVWDEOLVKHG%RXOGHU&LW\+LVWRULF 'LVWULFW $0-16- 149 NEVADA PRESERVATION FOUNDATION 71 ௗௗ ௗ–ௗ 2UGLQDQFHௗQR ௗ$QRUGLQDQFHRIWKH&LW\RI%RXOGHU&LW\1HYDGDWRDPHQG7LWOH &KDSWHURIWKH&LW\&RGH+LVWRULF5HVRXUFHVIRUFKDQJHVUHODWLYHWRWKH&HUWLILHG /RFDO*RYHUQPHQW3URJUDP $0-19- - Resolution QRௗ 5HVROXWLRQRIWKH&LW\&RXQFLORI%RXOGHU&LW\1HYDGDDSSURYLQJ DJUHHPHQWQR -EHWZHHQWKH&LW\RI%RXOGHU&LW\DQG1HYDGD6WDWH+LVWRULF 3UHVHUYDWLRQ2IILFHIRU&HUWLILHG/RFDO*RYHUQPHQW GHVLJQDWLRQௗௗ ௗ - Resolution QRௗ 5HVROXWLRQRIWKH&LW\&RXQFLORI%RXOGHU&LW\1HYDGDHVWDEOLVKLQJ DQௗ$G+RFFRPPLWWHHௗWRௗUHFRPPHQGௗFKDQJHVWR&LW\&RGH 7LWOH&KDSWHU +LVWRULF 5HVRXUFHV 150 BOULDER CITY HISTORIC PRESERVATION PLAN72 APPENDIX D Nevada State Historic Preservation Model Historic Preservation Ordinance The drafted ordinance below is prepared as a recommendation for Cities and Counties in the State of Nevada that wish to establish historic preservation programs consistent with established state enabling legislation (NRS 278 and 384). Different local governments in the State of Nevada will have different needs and expectations for an historic preservation program and will likely need to adapt the recommended language below to suit individual needs. Local governments seeking to establish an historic preservation program for the purposes of becoming a Certified Local Government (CLG) should contact the CLG Coordinator at the Nevada SHPO to ensure any proposed or adopted historic preservation ordinance is consistent with the certification requirements of that program. Key Text Required for CLG Status (highlighted) Text Recommended for Successful Operation (not highlighted) Note: Although language below is oriented toward municipal governments, a county government could adopt such an ordinance with appropriate textual modifications. Notes for Rural Cities or Counties Rural areas, especially rural counties, may find that adopting some provisions included in this model ordinance are not feasible within their current administrative framework. Rural local governments wishing to become CLGs should consult with the CLG coordinator about developing a sustainable preservation ordinance that fits their area’s needs. Local government representatives may want to consider the following: x Current administrative framework for development permitting - Where a local government needs more flexibility in its development code, the adoption of a design review program overseen by its historic preservation commission may not be feasible. To become a CLG, a local government must, at minimum, adopt the highlighted provisions in this model ordinance. Variations on language may be acceptable – a local government should discuss variations with the Nevada SHPO’s CLG Coordinator. x Economic environment – In areas where there are large numbers of low-income residents residing in historic buildings, provisions such as minimum maintenance standards (see Section 9) may not be advisable. In this potential environment, a minimum maintenance standard, without the provision of alternative financial support, may have unintended adverse effects on area residents. 151 NEVADA PRESERVATION FOUNDATION 73 2 ORDINANCE NO. ______ AN ORDINANCE FOR THE CITY OF __________________, IN THE STATE OF NEVADA, TO BE KNOWN AS CHAPTER _______________, “HISTORIC PRESERVATION CODE”; PROVIDING FOR THE ESTABLISHMENT OF THE HISTORIC PRESERVATION Commission; PROVIDING FOR DUTIES AND FUNDING FOR THE SAID Commission; PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL, AND PUBLICATION ACCORDING TO LAW. WHEREAS, Chapters 278 and 384 of the Nevada Revised Statutes empowers cities and counties to make provisions for the identification and preservation of historic sites; and, WHEREAS, the City Council of the City of ______________ deems it in the best interest of the community to establish a historic preservation ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF ____________________ THAT A NEW CHAPTER BE, AND THE SAME HEREBY IS, ENACTED TO BE DESIGNATED AS CHAPTER _________, THE HISTORIC PRESERVATION CODE, OF THE ORDINANCES OF THE CITY OF __________________, WHICH SHALL READ AS FOLLOWS: SECTION 1 PURPOSE The purpose of this article is to establish historic areas and landmarks for the educational, cultural, and economic benefit of city inhabitants. Due to the pressures resulting from population growth and development, which may result in the destruction, impairment, or alteration of historic resources that reflect elements of the city's cultural and architectural heritage, the following policies and responsibilities are established: (a)protect and enhance the landmarks and districts which represent distinctive elements of __________’s historic, architectural, and cultural heritage; Preserve, protect, enhance, regulate, and use buildings, structures, sites, and areas which are unique or irreplaceable assets to the city and its neighborhoods, which provide examples of the physical surroundings in which past generations lived, or which are archaeologically significant for present and future generations; (b)foster civic pride in the accomplishments of the past; (c)protect and enhance __________’s attractiveness to visitors and the support and stimulus to the economy thereby provided; (d)ensure the harmonious, orderly, and efficient growth and development of the city that is sensitive to its historic resources; (e)promote economic prosperity and welfare of the community by encouraging the most appropriate use of historic properties within the city; (f)encourage stabilization, restoration, and improvements of such properties and their values by offering incentives for rehabilitation. 152 BOULDER CITY HISTORIC PRESERVATION PLAN74 3 SECTION 2 DEFINITIONS The following words and phrases when used in this Ordinance shall have, unless the context clearly indicates otherwise, the following meanings: City. The City of ___________________. Commission. The Historic Preservation Commission of the City of ________________. Historic Property. Any building, structure, district, area or site that is significant in the history, architecture, archaeology or culture of this community, the state or the nation. Designated Historic Property. In order for any historic property to be designated in the ordinance, it must in addition meet the criteria established for inclusion of the property in the National Register of Historic Places. Historic Preservation. The identification, evaluation, recordation, documentation, curation, acquisition, management, protection, restoration, rehabilitation, stabilization, maintenance, interpretation, conservation, and education of buildings, structures, objects, districts, areas, and sites significant in the history, architecture, archaeology or culture of this state, its communities or the Nation. SECTION 3 HISTORIC PRESERVATION COMMISSION (a) There is hereby created a Historic Preservation Commission which shall consist of ## members who shall be appointed by the Mayor with the advice and consent of the Council. (b) All members of the Commission shall have a demonstrated interest, competence, or knowledge in history or historic preservation. The Council shall appoint [##] members with professional training or experience in the disciplines of architecture, history, architectural history, urban planning, archaeology, engineering, conservation, landscape architecture, law, or other historic preservation related disciplines. (c) Initial appointments to the Commission shall be made as follows: Half of appointed Commissioners shall serve for one-year terms and half for two-year terms, except as otherwise established by Council. All subsequent appointments shall be made for two-year terms. Commission members may be reappointed to serve additional terms. Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term. (d) The members of the Commission may be reimbursed by the City for expenses incurred in connection with their duties. 153 NEVADA PRESERVATION FOUNDATION 75 4 SECTION 4 ORGANIZATION, OFFICERS, RULES, MEETINGS (a) The Commission shall have the power to make whatever rules are necessary for the execution of its duties as set forth in this Ordinance. Rules of procedure and bylaws adopted by the Commission shall be available for public inspection. (b) The Commission shall elect officers from among the Commission members. The chairperson shall preside at meetings of the Commission. The vice-chairperson shall, lacking the chairperson, perform the duties of the chairperson. (c) All meetings of the Commission shall be open to the public, and follow the requirements of Nevada’s open meeting laws (NRS 241). The Commission shall keep minutes and other appropriate written records of its resolutions, proceedings, and actions. (d) The Commission may recommend to the Council, within the limits of its funding, the employment of or the contracting with other parties for the services of technical experts or other persons as it deems necessary to carry on the functions of the Commission. SECTION 5 POWERS, DUTIES, AND RESPONSIBILITIES OF THE COMMISSION In general, the Commission shall be advisory to the Council and shall be authorized to: (a) Conduct a survey of local historic properties. (b) Recommend the acquisition of fee and lesser interests in historic properties, including adjacent or associated lands, by purchase, bequest, or donation. (c) Recommend methods and procedures necessary to preserve, restore, maintain and operate historic properties under the ownership or control of the City. (d) Recommend the lease, sale, or other transfer or disposition of historic properties subject to rights of public access and other covenants and in a manner that will preserve the property. (e) Contract, with the approval of the Council, with the state or federal government, or any agency of either, or with any other organization. (f) Cooperate with the federal, state, and local governments in the pursuance of the objectives of historic preservation. (g) Make recommendations in the planning processes undertaken by the county, the city, the state, or the federal government and the agencies of these entities. (h) Recommend ordinances and otherwise provide information for the purposes of historic preservation in the City. 154 BOULDER CITY HISTORIC PRESERVATION PLAN76 5 (i) Promote and conduct an educational and interpretive program on historic preservation and historic properties in the City. (j) Commission members, employees or agents of the Commission may enter private property, buildings, or structures in the performance of its official duties only with the express consent of the owner or occupant thereof. (k) Review nominations of properties to the National Register of Historic Places for properties within the City’s jurisdiction. SECTION 6 PROCEDURES FOR LANDMARK OR HISTORIC DISTRICT RECOMMENDATION (a)Generally.The City Council may designate landmarks and historic districts in the City to accomplish the purposes of this article. In making such designations, the Council shall consider the recommendation of the Historic Preservation Commission. (b)Public Hearing.The Council shall conduct a public hearing on such historic designations according to public hearing procedures described in this chapter, and NRS 278 and 384. (c)Recommendation by the Historic Preservation Commission. In general, the Council will not schedule a public hearing for historic designation until the nomination for such designation is reviewed and approved by the Commission. 1.Public Hearing.The Commission shall conduct a public hearing on all recommendations of landmarks, landmark sites, or historic districts. 2.Initiation of Process.A Commission member, the owner of the property, or any Council member may initiate consideration by the Commission of the recommendation of any site as a Landmark or Historic District in writing. The decision to conduct a public hearing shall be approved or denied by a majority of the Commission present. a) If a request for recommendation is approved for a public hearing upon the request of someone other than the owner of the property, notice of the proposed recommendation shall be mailed by certified mail to the owner of the property. Such notice shall describe the property affected and provide notice of the date, time, and place at which a hearing before the Commission shall be conducted. b) The hearing shall be not less than 30 days following the mailing of notice to the owner. 3.Recommendations on Landmarks and Historic Districts.At the conclusion of the public hearing, the Commission shall recommend to the Council the designation of a 155 NEVADA PRESERVATION FOUNDATION 77 6 Landmark or Historic District if such resource or collection of resources under the following guidelines: a) An individual Landmark may be designated if it is at least fifty (50) years old and it substantially complies with two or more of the following: i. Possesses significance in history, architecture, archeology, and culture. ii. Is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history. iii. Is associated with events that have made a significant impact in our past. iv. Represents the work of a master designer, builder, or craftsman. v. Embodies the distinctive characteristics of a type, period, or method of construction. vi. Represents an established and familiar visual feature of the city. b) A District may be designated if it substantially complies with both of the following: vii. Contains properties and an environmental setting which meet two or more of the criteria for designation of a Landmark, and; viii. Constitutes a distinct section of the city. 4.Recommended Waivers.The Commission's recommendation to the Council may include recommendations for exceptions from provisions of this Code. The Commission in its recommendation shall describe the reasons for the decision and provide written notice of the decision to the property owner within ten days of the hearing. The Commission shall forward its recommendation to the Council. 5.National Register Designation.Inclusion of any area or property within the City in the National Register of Historic Places, as provided in the National Historic Preservation Act of 1966, shall not be construed as a local historic designation, and shall not automatically subject a property owner to the provisions of this chapter. (d)Economic Incentives.The Council, at its discretion, may make available economic incentives to enhance the possibility of designation as an historic landmark or district. The Council is further empowered to receive private or public grants that would enhance historic preservation. (e)Code Waivers.The Council shall also be empowered to designate items for "community significance waivers." Upon the recommendation of the Commission, waivers to provisions of this Code may be granted by the Council, including but not limited to setback and height restrictions that would otherwise require the facades, historic landmarks, or structures within historic districts to be altered. Such a waiver may also exempt square footage, animation, and prohibitions or any other Code provision as indicated by the city Council. At Council's discretion, designation of community significance waivers may occur any time after the Commission has recommended Landmark or Historic District status for any item. The Council may award such designation without further review by the Commission, and without public hearing. 156 BOULDER CITY HISTORIC PRESERVATION PLAN78 7 (f)Waiver Criteria.The criteria for such designation shall be that the waiver is necessary to preserve the historic character or significance of the affected site. The protections and guidelines emanating from such designation shall be identical to those for Historic Landmarks or Districts, and shall expire at the time the use that created the historical character of the item changes or ceases. Owners or managers of property containing items with community significance waivers shall paint, repair, and otherwise refurbish the items to keep them in good repair and working order. Failure to maintain the item may cause a rescission of the waiver designation. (g)Amendments.The Council may also amend or rescind its designation of any historic landmark, district, or community significance waiver. The Commission's recommendation for such amendment or rescission of historic designation shall be effected in the same manner and procedure as was followed in the original designation, including a public hearing. SECTION 7 CERTIFICATES OF APPROPRIATENESS FOR ALTERATIONS OR NEW CONSTRUCTION AFFECTING LANDMARKS OR HISTORIC DISTRICTS (a)Applicability. No person shall carry out any construction, reconstruction, alteration, restoration, rehabilitation, or relocation of any Landmark or any property within a District, nor shall any person make any material change to the character-defining features of the property, or other exterior elements visible from a public right-of-way which affect the appearance and cohesiveness of any Landmark or any property within a District without a Certificate of Appropriateness (CoA). The application for a CoA must be reviewed and approved by the Historic Preservation Officer (HPO) or the Commission prior to the issuance of any building permit involving any Landmark or property located within a District. The application shall be required in addition to, and not in lieu of, any required building permit. (b)Review Criteria. In considering an application for a Certificate of Appropriateness, the HPO and the Commission shall review it for compliance with the Secretary of the Interior’s Standards for Treatment of Historic Properties (the Standards) and any applicable adopted Design Guidelines previously ratified by the City Council. The Standards and any applicable adopted Design Guidelines shall apply to all properties designated as an Historic District or Historic Landmark by the Council. All review criteria shall be made available to the applicant, and property owners of Landmarks and properties located within Districts. The Commission shall promulgate and make recommendations to update the adopted Design Guidelines as necessary, provided that the changes do not pose a conflict with underlying land-use zoning and the changes do not take effect until ratified by Council. (c)Procedure for Review. The procedure for obtaining a Certificate of Appropriateness may be initiated by the City for all City-owned Landmarks or proposed work within a District, or by the individual property owner(s) of the subject Landmark or for a property located within a District. The application must be submitted for reviewed and approved by the HPO or the Commission prior to the commencement of any work. An application for Certificate of Appropriateness shall be made on forms as prescribed by the City and shall be filed with the HPO along with fees in accordance with the municipal fee schedule, if applicable. 157 NEVADA PRESERVATION FOUNDATION 79 8 1. Administrative design review affecting Landmarks and properties located in Districts. a. Upon receipt of a completed Certificate of Appropriateness application as determined by the HPO, the HPO shall review the application for a preliminary determination of compliance with the Secretary of the Interior’s Standards for Rehabilitation and the adopted Design Guidelines. The applicant is encouraged to schedule a meeting with the HPO prior to the submittal of an application to discuss the proposed work and get initial design direction. The HPO reserves the right to forward any Certificate of Appropriateness application to the Commission for review and approval when direction on design policy is needed or if unable to determine compliance with the Secretary of the Interior’s Standards for Rehabilitation or the Design Guidelines. Proposed work to all city-owned Landmarks, all proposed work within a District, and for all city preservation related incentive programs or federal projects must be reviewed by the Commission. b. Within five (5) days of receipt of a completed Certificate of Appropriateness application and a preliminary determination of compliance, notice of the pending administrative action shall be mailed to the property owner(s), to all immediate adjacent property owner(s), and posted on the property by the city establishing a fourteen (14) day period in which written comments may be submitted to the HPO. c. At the end of the notice period, the HPO shall meet with the Chair of the Commission to review the application and any comments received for design compliance consensus. If approved, the HPO shall issue a Certificate of Appropriateness consisting of written findings of fact, conclusions of law and any specific conditions of approval (if any), supporting the decision. The HPO shall also provide anyone who submitted written comments with a copy and forward its decision to the Development Services Department. Any specific conditions of approval as identified by the HPO shall be attached to the construction documents prior to the issuance of any building permits. No subsequent changes shall be made to the approved design without the prior review and approval of the HPO. An applicant shall have one (1) year from the date of issuance of a Certificate of Appropriateness to secure a building permit for the specified improvements or it shall become null and void. d. If the HPO and Chair of the Commission finds the proposed work will have an Adverse Effect on the Landmark, or property located within a District, or if the proposed work is inconsistent with the Secretary of the Interior’s Standards for Rehabilitation or adopted Design Guidelines, the HPO shall advise the applicant and any written commenter of the disapproval of the application and of any changes to the application which are necessary for approval of same. A Certificate of Appropriateness application that has been denied administratively may not be resubmitted without incorporating changes to the application which are necessary for approval of the same. 158 BOULDER CITY HISTORIC PRESERVATION PLAN80 9 e. If no action has been taken by the HPO within sixty (60) days of the original receipt of the application, a Certificate of Appropriateness shall be deemed issued by the HPO and the HPO shall so advise the applicant in writing. f. The applicant or any persons adversely affected by the determination of the HPO may appeal the decision to the Commission. Appeal requests shall be filed in writing to the HPO within ten (10) days of the HPO’s decision. The HPO must schedule the appeal for a public hearing at the next available regularly scheduled Commission meeting. Notice of the appeal shall be posted on the property for a period of fourteen (14) days upon receipt of a 17 formal appeal request. A written notice of the public hearing for the appeal request shall also be provided to all parties who received mailed notice for the original HPO’s preliminary determination. Appeals to the Commission shall be considered only on the record made before the HPO. 2. Commission design review affecting Landmarks and properties located in Districts. a. Upon receipt of a completed Certificate of Appropriateness application as determined by the HPO, the HPO shall review the application for a preliminary determination of compliance with the Secretary of the Interior’s Standards for Rehabilitation and any applicable adopted Design Guidelines. The applicant is encouraged to schedule a meeting with the HPO prior to the submittal of an application to discuss the proposed work and get initial design direction. b. Within five (5) days of receipt of a completed Certificate of Appropriateness and a preliminary determination of compliance, the HPO shall schedule a public hearing at the next available regularly scheduled Commission meeting. Notice of the pending Commission hearing for compliance with the Secretary of the Interior’s Standards for Rehabilitation and any adopted Design Guidelines shall be mailed to the property owner(s), to all immediate adjacent property owner(s), and posted on the property by the city establishing a fourteen (14) day period in which written comments may be submitted to the HPO. A published notice of the scheduled hearing shall also be made in accordance with Nevada Open Meeting Law. All review criteria shall be made available to the applicant prior to the hearing. c. The Commission shall review the application at a regularly scheduled meeting. At that time, the applicant shall have an opportunity to be heard, present testimony and evidence to demonstrate that the proposed work is in compliance with the Secretary of the Interior’s Standards for Rehabilitation and any adopted Design Guidelines. Other interested parties and technical experts may also present testimony or documentary evidence which will become part of a record. The burden of proof shall be upon the applicant. In the event a hearing is not scheduled within ninety (90) days of receipt of the application, a Certificate of Appropriateness shall be considered be granted. d. The Commission may take action to approve, postpone requesting additional information, or deny the application. If no hearing has been scheduled within 159 NEVADA PRESERVATION FOUNDATION 81 10 ninety (90) days of the original receipt of the application by the HPO, a Certificate of Appropriateness shall be deemed issued and the HPO shall so advise the applicant in writing. e. If approved, the HPO shall issue a Certificate of Appropriateness to the applicant with the written findings of fact, conclusions of law and any specific conditions of approval (if any) supporting the decision. The HPO shall also provide anyone who submitted written comments with a copy and forward the Commission’s decision to the [appropriate City department]. Any specific conditions of approval made by the Commission shall be attached to the construction documents prior to the issuance of any building permits. No subsequent changes shall be made to the approved design without the prior review and approval of the HPO or Commission. An applicant shall have one (1) year from the date of issuance of a Certificate of Appropriateness to secure a building permit for the specified improvements or it shall become null and void. f. If the Commission finds the proposed work will have an Adverse Effect on the Landmark, or property located within a District, or if the proposed work is inconsistent with the Secretary of the Interior’s Standards for Rehabilitation or any applicable adopted Design Guidelines, the Commission shall advise the applicant at the hearing of the disapproval of the application and of any changes to the application which are necessary to approval of the same. Within five (5) days following the meeting, the HPO shall provide the applicant and any written commenter noticing in writing of the disapproval of the application and of any changes to the application which are necessary for approval of the same. A Certificate of Appropriateness application that has been denied may not be resubmitted without incorporating changes to the application which are necessary for approval of the same. g. The applicant or any persons adversely affected by the action of the Commission may appeal the decision to the City Council. Appeal requests shall be filed in writing to the HPO within ten (10) days of the Commission’s decision. The HPO must schedule the appeal for a public hearing at the next available regularly scheduled Council meeting. Notice of the appeal shall be posted on the property for a period of fourteen (14) days upon receipt of a formal appeal request. A written notice of the public hearing for the appeal request shall also be provided to all parties who received mailed notice for the Commission hearing. h. The City Council shall give notice, follow publication procedure, hold hearings, and make its decision in the same manner as provided in the general zoning ordinance of the City. Appeals to the City Council shall be considered only on the record made before the Commission, and may only allege that the Commission’s decision was arbitrary, capricious, or illegal. (d)Ordinary Maintenance.Nothing in this ordinance shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within a Historic District which does not involve a change in design, material, or outward appearance that require the issuance of a building permit. In-kind repair/replacement and repainting is included in this definition of ordinary maintenance unless painting involves an 160 BOULDER CITY HISTORIC PRESERVATION PLAN82 11 exterior masonry surface that was not previously painted. The HPO shall determine what actions constitute "ordinary maintenance." SECTION 8 DEMOLITION OF LANDMARKS AND CONTRIBUTING PROPERTIES IN HISTORIC DISTRICTS It is the intent of this chapter to preserve the historic and architectural resources of the City through limitations on demolition and removal of Landmarks and contributing resources in Historic Districts to the extent it is economically feasible practical and necessary. The demolition or removal of historic buildings structures and sites in the City diminishes the character of the city’s Historic Districts and it is strongly discouraged. Instead the City recommends and supports preservation rehabilitation or relocation within the historic district. It is recognized however that structural deterioration, economic hardship and other factors not entirely within the control of the property owner may result in the necessary demolition or removal of a historic building structure or site. (a)Removal or repair of hazardous or dangerous Landmarks. 1. If the building official determines a Landmark to be structurally unsound and a hazardous or dangerous building pursuant to the provisions found in the City’s adopted building code, the building official shall be required to provide written notice to the Commission of the ordered removal or repair of the Landmark prior to taking such action. 2. The property owner(s) of the demolished Landmark removed under this procedure is subject to the penalties found in Section 10 herein. (b)Certificates of Appropriateness for Demolition Affecting Landmarks or Historic Districts.No person shall carry out the demolition of a Landmark or property within a District, including secondary buildings and landscape features that are not previously deemed a hazardous or dangerous building by the building official, without the review and approval of a Certificate of Appropriateness for Demolition application by the Commission. The application shall be required in addition to, and not in lieu of, any required building permit. 1. In the absence of a determination by the building official of the subject property as a hazardous or dangerous building, the Commission may consider an application for a Certificate of Appropriateness for Demolition of a Landmark or property located within a District, only if it meets compliance with one of the following: a) The subject building, structure or object is an accessory building and/or landscape features that is not integral to the historic interpretation or integrity of the Landmark. b) The applicant is requesting a Certificate of Appropriateness for Demolition of a Landmark on the basis of Economic Hardship pursuant to paragraph (c)(4) of this section. c) The subject building, structure or object has lost its architectural significance and integrity over time for reasons not entirely within the control of the current or previous property owner(s). 161 NEVADA PRESERVATION FOUNDATION 83 12 (c)Procedure for Certificates of Appropriateness for Demolition Affecting Landmarks or Historic Districts. The procedure for obtaining a Certificate of Appropriateness for Demolition may be initiated by the City for all City-owned Landmarks or proposed work within a District, or by the individual property owner(s) of the subject Landmark or property within a District. The application must be submitted to the HPO for review and approval by the Commission prior to the commencement of any work. An application for Certificate of Appropriateness for Demolition shall be made on forms as prescribed by the City and shall be filed with the HPO. 1. The application shall contain: a) Name, address, and contact information of applicant, and physical address of the individual property. b) Site plan of the individual property or map indicating the area of the proposed demolition showing all affected buildings and/or structures on the site. c) Photographs of existing conditions as well as any historical photographs, if available. d) All future development plans for the property, if available. e) Any other information which the Commission may deem necessary pursuant to this section. 2. An individual property that is under review by the City for a Certificate of Appropriateness for Demolition shall be protected by and subject to all of the provisions of this Article governing demolition, minimum maintenance standards and penalties until a final decision by the Commission becomes effective. 3. The procedure for a Certificate of Appropriateness for Demolition shall be the same as provided for in Section 7 herein. 4. The procedure for a Certificate of Appropriateness for Demolition application involving a claim of Economic Hardship shall be as follows: a) No Certificate of Appropriateness for Demolition involving a claim of economic hardship may be approved, nor shall a demolition permit be issued by the City unless the owner proves compliance with the following standards for economic hardship: 1. The property is incapable of earning a reasonable return in its current or rehabilitated state, regardless of whether that return represents the most profitable return possible. 2. The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return. 3. Earnest and reasonable efforts to find a purchaser interested in acquiring the property and preserving it have failed. 162 BOULDER CITY HISTORIC PRESERVATION PLAN84 13 4. The property cannot be moved or relocated to another, similar site or, for contributing properties within a District, to a new location within the District. b) The City shall adopt by resolution separate criteria for review in considering claims of economic hardship for investment for income producing and non- income producing properties, as recommended by the Commission. Non- income properties shall consist of owner occupied single family dwellings and non-income producing institutional properties. All standards for review shall be made available to the owner prior to the hearing. The information to be considered by the city may include but not be limited to the following: 1. Purchase date price and financing arrangements 2. Current market value 3. Form of ownership 4. Type of occupancy 5. Cost estimates of demolition and post demolition plans for development 6. Maintenance and operating costs 7. Inspection report by licensed architect or structural engineer having experience working with historic properties 8. Costs and engineering feasibility for rehabilitation 9. Property tax information 10. Rental rates and gross income from the property 11. Other additional information as deemed appropriate c) Claims of economic hardship by the owner shall not be based on conditions resulting from: 1. Evidence of demolition by neglect or other willful and negligent acts by the owner 2. Purchasing the property for substantially more than market value at the time of purchase 3. Failure to perform normal maintenance and repairs 4. Failure to diligently solicit and retain tenants 5. Failure to provide normal tenant improvements d) Throughout the process, the applicant shall consult in good faith with the HPO, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Such efforts must be demonstrated to the Commission at the hearing. e) Upon receipt of a completed Certificate of Appropriateness for Demolition application, the HPO shall review the application for a preliminary 163 NEVADA PRESERVATION FOUNDATION 85 14 determination of compliance with the standards for economic hardship and the criteria for review found in this section. The applicant is encouraged to schedule a meeting with the HPO prior to the submittal of an application to discuss the application and receive initial direction. f) Within five (5) days of receipt of a completed Certificate of Appropriateness involving a claim of Economic Hardship and a preliminary determination of compliance, the HPO shall schedule a public hearing at the next available regularly scheduled Commission meeting. Notice of the pending Commission hearing for compliance with the standards for economic hardship and the criteria for review. Notice of the hearing shall be mailed to the property owner(s), to all immediate adjacent property owner(s), and posted on the property by the City. The owner shall be required to stabilize and secure the property subject to the penalties of this Article until a final decision by the Commission becomes effective. A published notice of the scheduled hearing shall also be made in accordance with Nevada Open Meeting Law (NRS 241). All review criteria and the formal written report to the HPO shall be made available to the applicant prior to the hearing. g) The Commission shall conduct its initial review of the application at a regularly scheduled meeting. At that time, the applicant shall have an opportunity to be heard, present testimony and evidence to demonstrate that standards for economic hardship and the criteria for review have been met. Other interested parties and technical experts may also present testimony or documentary evidence which will become part of the record. The burden of proof shall be upon the applicant. In the event the Commission does not act within ninety (90) days of receipt of the application, a Certificate of Appropriateness for Demolition may be granted. h) In considering the application, the Commission shall take action to postpone the application in order to establish a Stay of Demolition period, during which time the owner shall allow the city to post a sign stating that the property is subject to demolition. Said sign shall be readable from a point of public access and state that more information may be obtained from the HPO for the duration of the stay. The owner shall conduct in good faith with the City, local preservation organizations, and interested parties a diligent effort to seek an alternative that will result in the rehabilitation of the Landmark or contributing resource in a District. Negotiations may include, but are not limited to, such actions to utilize various preservation incentive programs, sell or lease the Landmark, or facilitate proceedings for the City to acquire the Landmark under its power of eminent domain, if appropriate and financially possible. If negotiations are successful, the Certificate for Demolition application shall be considered withdrawn and all associated applications closed. i) If approved, the HPO shall issue a Certificate of Appropriateness to the applicant with the written findings of fact, conclusions of law and any specific conditions of approval (if any) supporting the decision. The HPO shall also provide anyone who submitted written comments with a copy and 164 BOULDER CITY HISTORIC PRESERVATION PLAN86 15 forward the Commission’s decision to the [appropriate City department]. The approval shall be valid for one (1) year from the hearing date of the Commission’s final decision. The historic property shall immediately be removed from the City’s inventory of historic properties, any official public records of real property of [County name], and the official zoning maps of the City. 5. Prior to demolition, the City may as a condition of approval require the owner to provide documentation of the demolished historic property at the owner’s expense in accordance with the standards of the Historic American Building Survey (HABS). Such documentation may include photographs, floor plans, measured drawings, an archeological survey, and/or other information as specified. 6. Approval for the demolition of a structure may be conditioned upon the construction of an acceptable replacement structure, or landscape or park plan. A bond or other financial guaranty in the amount of the cost of the replacement structure may be required in order to assure the construction of the replacement structure, or park, or landscape plan. 7. Denial of a Certificate of Appropriateness application for Demolition involving Economic Hardship shall prevent the owner from demolishing the property or reapplying for another Certificate of Appropriateness application for Demolition for a period of three (3) years from the hearing date of the Commission’s final decision, unless substantial changes in circumstances have occurred other than resale of the property or those caused by acts beyond the control of the owner. It shall be the responsibility of the owner to stabilize and maintain the minimum maintenance standards for the property so as not to create a hazardous or dangerous building, as outlined in Section 9 herein. a) The City may continue to provide the owner with information regarding financial assistance for the necessary rehabilitation or repair work as it becomes available. b) The owner may appeal the decision of the Commission to the City Council. Appeal requests shall be filed in writing to the HPO within ten (10) days of the Commission’s decision. The City Council shall give notice, follow publication procedure, hold hearings, and make its decision in the same manner as provided in the general zoning ordinance of the City. Appeals to the City Council shall be considered only on the record made before the Commission, and may only allege that the Commission’s decision was arbitrary, capricious, or illegal. SECTION 9 MINIMUM MAINTENANCE STANDARDS No owner or person with an interest in real property designated as a Landmark or a property located within a District shall permit the property to fall into a serious state of disrepair so as to result in the significant deterioration of any exterior architectural feature which would, in the judgment of the Commission, create a detrimental effect upon the historic character of the Landmark or District. 165 NEVADA PRESERVATION FOUNDATION 87 16 (a)Examples of serious disrepair or significant deterioration: 1. Deterioration of exterior walls, foundations, or other vertical support that causes leaning, sagging, splitting, listing, or buckling. 2. Deterioration of external chimneys that causes leaning, sagging, splitting, listing, or buckling. 3. Deterioration or crumbling of exterior plaster finishes, surfaces or mortars. 4. Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors. 5. Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint, or weathering due to lack of paint or other protective covering. 6. Rotting, holes, and other forms of material decay. 7. Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling. 8. Deterioration that has a detrimental effect upon the special character of the district as a whole or the unique attributes and character of the contributing structure. 9. Deterioration of any exterior feature so as to create or permit the creation of any hazardous or unsafe conditions to life, health, or other property. (b)Procedure to mitigate Demolition by Neglect. Demolition by Neglect refers to the gradual deterioration of a property when routine or minimum maintenance is not performed. The HPO and other City staff shall work together in an effort to reduce Demolition by Neglect involving Landmarks or properties located within Districts within the City. A Demolition by Neglect citation as determined by the Commission may be issued against the owner of the property for failure to comply with the minimum maintenance standards by permitting the subject property to exhibit serious disrepair or significant deterioration as outlined in paragraph (a) of this section. 1. While the HPO will act as the point of contact, the [appropriate City department] staff shall, when needed, assist with inspections. If there is a dispute between the HPO and [appropriate City department] staff, the City Manager may be consulted as a mitigating party. 2. The procedure for citing a property for Demolition by Neglect shall be as follows: a) Initial identification is made by visual inspection of the area by the HPO, a Commission member, or by referral from someone in the area. All referrals shall be made in writing and shall be submitted to the HPO. i. Once the initial identification is made, followed by a preliminary determination by the HPO, the property owner shall be notified by US mail of the defects of the building and informed of various incentive programs that may be available for repair. The owner is given thirty (30) days in which to respond to the preliminary determination by 166 BOULDER CITY HISTORIC PRESERVATION PLAN88 17 submitting a stabilization proposal to HPO. The stabilization proposal will be presented to the Commission at the next available meeting. If the Commission approves the proposal, a Certificate of Appropriateness (if necessary) may be issued administratively by the HPO. The approval will detail the specific work which is necessary to correct the Demolition by Neglect conditions, as well as a time period to begin and complete the work. The HPO shall update the Commission on the status of the property every thirty (30) days once work begins on the property. ii. If the property owner receives the letter regarding the preliminary determination, but fails to respond, a second notice shall be sent in the same manner as described above. iii. If the property owner fails to receive and/or respond to the letter regarding the preliminary determination after two (2) attempts, the matter returns to the Commission for a citation hearing. The HPO shall send a third notice via certified mail informing the owner of the hearing, the property is posted with a notice of the violation in accordance with the provisions of this chapter, and a public hearing on the citation is scheduled. iv. At the public hearing the owner is invited to address the Commission’s concerns and to show cause why a citation should not be issued. The Commission may take action to approve any proposed work, defer the matter to give the owner more time either to correct the deficiencies or make a proposal for stabilization, or issue a citation to the owner of the property for failure to correct the Demolition by Neglect conditions. v. If the owner is cited for the condition of Demolition by Neglect of the property, he is given fourteen (14) days to submit a stabilization proposal to the HPO, and at the discretion of the Commission, up to one (1) year to correct the defects. The HPO shall update the Commission on the status of the property every thirty (30) days once work begins on the property. vi. If the owner does respond with a stabilization proposal, the matter is turned over to the City Attorney's office for action in Municipal Court. SECTION 10 ENFORCEMENT All work performed pursuant to a certificate of appropriateness issued under this ordinance shall conform to any requirements included therein. It shall be the duty of the building inspector to inspect periodically any such work to assure compliance. In the event work is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the Commission and verification by the HPO, the building inspector shall issue a stop work order and all work shall immediately cease. The property owner shall then be required to apply for a hearing before the Commission to explain the non-compliance. No further work shall be 167 NEVADA PRESERVATION FOUNDATION 89 18 undertaken on the project as long as a stop work is in effect until a decision is rendered by the Commission on the application. (a)Penalties.It shall be unlawful to construct reconstruct significantly alter restore or demolish any building or structure designated as a Landmark or in a designated District in violation of the provisions of this Article. The City in addition to other remedies may institute any appropriate action or proceeding to prevent such unlawful construction reconstruction significant alteration or demolition to restrain correct or abate such violation or to prevent any illegal act business or maintenance in and about such premises including acquisition of the property 1. Any person firm or corporation violating any provision of this division shall be fined $500 for each offense. Each day the violation continues shall be considered a separate offense. Such remedy under this section is in addition to the abatement restitution. SECTION 11 SPECIAL RESTRICTIONS: Under the provisions of Nevada Revised Statutes, Chapters 278 and 384, the City of _________________ may provide by ordinances, special conditions or restrictions for the protection, enhancement and preservation of locally designated historic properties. SECTION 12 SEPARABILITY: If any section, subsection, sentence, clause or phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. SECTION 13 EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND APPROVED this _______ day of __________, 20___. City of __________________, a municipal corporation of the State of Nevada. BY: _____________________________________________________________________ Mayor ATTESTED: _____________________________________________________________ City Clerk PUBLISHED: ____________________________________________________________ 168 BOULDER CITY HISTORIC PRESERVATION PLAN90 APPENDIX E Secretary of the Interior’s Standards for the Treatment of Historic Properties The following links contain more information on the National Park Service, Secretary of the Interior’s Standards for the Treatment of Historic Properties, including a PDF document of the standards and guidelines for preserving, rehabilitating, restoring, and reconstructing historic buildings. https://www.nps.gov/tps/standards.htm https://www.nps.gov/tps/standards/treatment-guidelines-2017.pdf 169 NEVADA PRESERVATION FOUNDATION 91 APPENDIX F 33708 Federal Register / Vol. 62, No. 119 / Friday, June 20, 1997 / Notices DEPARTMENT OF THE INTERIOR National Park Service The Secretary of the Interior’s Historic Preservation Professional Qualification Standards AGENCY:National Park Service, DOI. ACTION:Proposed renaming of and revisions to ‘‘the Secretary of the Interior’s Professional Qualification Standards.’’ SUMMARY:The National Park Service (NPS) proposes to rename and revise ‘‘the Secretary of the Interior’s Professional Qualification Standards’’ which are part of the larger ‘‘Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation.’’ The statutory authority for the Secretary’s development of these can be found in sections 101(g), 101(h), 101(i), and 101(j)(2)(A) of the National Historic Preservation Act, as amended (16 U.S.C. 470 et seq.). These Standards and Guidelines (including the Professional Qualification Standards) were published in the Federal Register in 1983 (48 FR 44716, September 29) as the Secretary’s best guidance for historic preservation practice nationally. This remains their preeminent function. The Standards are renamed ‘‘the Secretary of the Interior’s Historic Preservation Professional Qualification Standards.’’ This change reflects the fact that the Standards are designed to apply to each discipline as it is practiced in historic preservation; e.g., in the identification, evaluation, documentation, registration, and treatment of historic properties. The proposed revisions update the standards for the five disciplines included in the 1983 publication and add standards for seven other disciplines mentioned in the National Historic Preservation Act as being important to historic preservation. The proposed revisions also provide (for the first time) published guidance on how to use and interpret the Standards. These revisions are necessary because the old professional qualification standards had become out-of-date, did not include many disciplines important in the practice of historic preservation, and provided no guidance on their use and interpretation. This absence of national guidance led to confusion and inconsistency in the application of the Standards by Federal, State, Tribal, and local government agencies and other organizations and individuals. The Standards are designed to be a tool to help recognize the minimum expertise generally necessary for performing professionally credible historic preservation work. The Standards are not designed to identify the best or ideal person for any position. The effective application of any of these national Standards will require the development of a detailed job description containing additional information to suit a particular situation and need. These Standards do not apply to ‘‘entry-level’’ applicants or to preeminent professionals in the field. Rather, they outline the minimum education and experience and products that together provide an assurance that the applicant, employee, consultant, or advisor will be able to perform competently on the job and be respected within the larger historic preservation community. All responses to this notice will be summarized as part of the publication of the official issuance of the ‘‘Secretary’s Historic Preservation Professional Qualification Standards.’’ All comments will also become a matter of public record. DATES:Comments on this notice must be received by August 19, 1997 to be assured of consideration. ADDRESSES:Send comments to: Mr. Joe Wallis, Chief, Branch of State, Tribal, and Local Programs, Heritage Preservation Services, National Center for Cultural Resource Stewardship and Partnership Programs, National Park Service, U.S. Department of the Interior, 1849 C Street, NW., Washington, DC 20240. Comments may be hand- delivered or overnight mailed to 800 North Capitol Street, NW., Suite 200, Washington, DC 20002. Comments may be sent by fax to 202–343–6004 or by E- mail to JohnRenaud@nps.gov. FOR FURTHER INFORMATION CONTACT:Mr. John Renaud, Branch of State, Tribal, and Local Programs, Heritage Preservation Services Division, National Center for Cultural Resource Stewardship and Partnership Programs, National Park Service, 202–343–1055, FAX 202–343–6004, or JohnRenaud@nps.gov (E-mail). SUPPLEMENTARY INFORMATION: Table of Contents—Applying the Historic Preservation Professional Qualification Standards: Introduction Program Evolution/Current Changes Applicability How to Use the Historic Preservation Qualification Standards Questions and Answers Discipline and Historic Preservation Proficiencies Recommended Discipline Proficiencies Recommended Historic Preservation Proficiencies Historic Preservation Professional Qualification Standards Archeology (A) Prehistoric Archeology (B) Historic Archeology Architectural History Conservation Cultural Anthropology Curation Engineering Folklore Historic Architecture Historic Landscape Architecture Historic Preservation Planning Historic Preservation History Sources of Additional Information Professional Organizations Introduction Background The identification, evaluation, protection, and preservation of America’s important historic and cultural properties depends upon the participation of all citizens; however, certain decisions must involve individuals who meet nationally accepted professional standards in order to assure credibility in the practice of historic preservation at the Federal, State, and local levels, as well as in the private sector. The Secretary of the Interior is responsible for establishing standards for all programs under Departmental authority. In accordance with this responsibility, ‘‘the Secretary of the Interior’s Professional Qualification Standards’’ were developed by the National Park Service (NPS) 20 years ago to ensure that a consistent level of expertise would be applied nationally to the identification, evaluation, documentation, registration, treatment, and interpretation of historic and archeological resources. The National Historic Preservation Act of 1966 (Pub. L. 89–665) gave the Secretary authority to set criteria for State grants, surveys, and plans. The National Park Service administratively required State Historic Preservation Officers (SHPOs) to maintain professionally qualified staff (in 1976), and to appoint qualified individuals as advisors to serve on State Review Boards (in 1977). The professional qualification standards have not changed since then. The 1980 Amendments to the National Historic Preservation Act (Pub. L. 96–515) statutorily affirmed the previous regulatory requirement for professionally qualified staff. Congress also reiterated the regulation’s requirement that State Review Boards include a majority of members qualified in one of the professional disciplines which met minimum Professional 170 BOULDER CITY HISTORIC PRESERVATION PLAN92 33709Federal Register / Vol. 62, No. 119 / Friday, June 20, 1997 / Notices Qualification Standards defined in regulation in 36 CFR part 61 (Architecture, Architectural History, Prehistoric Archeology or Historic Archeology, and History). In addition, the 1980 amendments created the Certified Local Government (CLG) program to recognize the role of local governments in the national partnership, and stipulated that the CLG Review Commission membership needed to be adequate and qualified. The Congressional Committee Report for the 1980 amendments (H.R. Rept. 96– 1457) called for ‘‘professional bodies which can objectively evaluate the historic significance of properties and provide professional advice on historic preservation matters.’’ Finally, States, local governments, Federal agencies, and the private sector often require that proposals from historic preservation contractors or work submitted by them meet these same professional practice Standards. How To use the Historic preservation professional qualification standards provides background and general information in a question and answer format about the three basic components of each Standard: academic or comparable training; professional experience; and products and activities that demonstrate proficiency in the field of historic preservation. Discipline and historic preservation proficiencies consists of a series of general proficiencies (knowledge, skills, and abilities) that are needed by historic preservation program applicants, employees, consultants, and advisors. The first set of proficiencies is related to disciplines; the second, to historic preservation. Following the standard for each discipline is guidance about meeting the standard for that specific discipline, including a list of some of the most common ‘‘closely related fields’’ within academic degree programs; information on documenting professional experience; and a list of typical products and activities that may be used to document acquired proficiencies in the field of historic preservation. Finally, a list of Professional Organizations is included to assist users in obtaining additional information about the disciplines, college and university departments, and publications on the practice of each discipline. Program Evolution/Current Changes In its 1992 amendments to the Act (Pub. L. 102–575), Congress recognized the evolution and growth of the professional practice of historic preservation, and an expanded role for Indian tribes in implementing the National Historic Preservation Act. Accordingly, the number of disciplines acknowledged as key to the responsible practice of historic preservation has been increased by the Act and therefore by the National Park Service from the five identified almost 20 years earlier to 12, now including Archeology (Prehistoric and Historic), Architectural History, Conservation, Cultural Anthropology, Curation, Engineering, Folklore, Historic Architecture, Historic Landscape Architecture, Historic Preservation, Historic Preservation Planning, and History. As a result, NPS consulted at length with Federal agencies, SHPOs, CLGs, and professional societies involved in historic preservation about issuing updated and expanded Professional Qualification Standards that recognize the evolution and development of the disciplines in the field. ‘‘The Secretary of the Interior’s Historic Preservation Professional Qualification Standards’’ are designed to be national measures for determining minimum requirements for professionals practicing in the field of historic preservation. The format for the Standards provides a consistent, yet flexible, framework for establishing sound professionalism in the twelve disciplines. There is one Standard for each of the disciplines. Each Standard defines: •Academic degrees or comparable training •Professional experience; and •Products and activities that demonstrate proficiency in historic preservation. These Standards do not apply to ‘‘entry-level’’ applicants or to preeminent professionals in the field. Rather, they outline the minimum education and experience and products that together provide an assurance that the applicant, employee, consultant, or advisor will be able to perform competently on the job and be respected within the larger historic preservation community. The effective application of any of these national Standards will require the development of a detailed job description containing additional information to suit a particular situation and need. Note:In each discipline, the most common method of meeting that Professional Qualifications Standard is discussed first. Less common alternatives follow. Typically, a graduate degree or professional license is listed first. Applicability It should be emphasized that the ‘‘Historic Preservation Professional Qualification Standards’’ that follow are, in most instances, advisory in nature and may thus be used by anyone hiring personnel or consultants or appointing advisory boards or commissions. Because use of the Standards can help ensure appropriate, informed decisions about protecting and preserving our nation’s historic and archeological resources, NPS strongly encourages their adoption and implementation. However, under well-defined circumstances discussed below, ‘‘the Secretary’s Historic Preservation Professional Qualification Standards’’ are requirements by statute and regulation. In those instances, a note is added at the end of the required Standard. First, the National Historic Preservation Act, Section 101, requires that a professionally qualified staff be appointed or employed by State Historic Preservation Offices. Indian tribes that have executed a Memorandum of Agreement with NPS and assumed responsibilities pursuant to Section 101(d) of the Act also must employ or consult with professionally qualified individuals in carrying out those responsibilities. The performance and supervision of Historic Preservation Fund grant-assisted work must be performed and/or supervised by professionally qualified staff and/or contractors. In accordance with 36 CFR part 61 and NPS policy, three of twelve disciplines are required for State program staff and for staff of Tribes with Section 101(d) status: History, Archeology, and Architectural History. States and Tribes with 101(d) status may propose an alternative minimum staff composition for NPS concurrence if their historic resources, needs, or circumstances would be better served or met. States and Tribes with 101(d) status are expected to obtain the services of other qualified professionals as needed for different types of resources. Second, section 101(b)(1)(B) and section 301(12) of the Act requires that a majority of State Review Board members be professionally qualified. As specified in 36 CFR part 61, this majority must include, but need not be limited, to the required disciplines of History, Archeology, and Architectural History. One person may meet the Standards for more than one required discipline. Third, section 101(c)(1)(B) and section 301(13) of the Act requires that State programs encourage CLG Review Commissions to include individuals who are professionally qualified, to the extent that such individuals are 171 NEVADA PRESERVATION FOUNDATION 93 33710 Federal Register / Vol. 62, No. 119 / Friday, June 20, 1997 / Notices available in the community. The State may specify the minimum number of Commission members that must meet the Standards and decide which, if any, of the disciplines listed in the Standards need to be represented on the Commission. An accompanying guidance section, Applying the Historic Preservation Professional Qualification Standards, has been prepared to assist the consistent application of the ‘‘Historic Preservation Professional Qualification Standards’’ when selecting an employee, consultant, or advisor. As such, the guidance provides additional information and recommendations, but never constitutes a requirement. How To Use the Historic Preservation Professional Qualification Standards There are three basic components of each Historic Preservation Professional Qualification Standard: academic degrees or comparable training; professional experience; and products and activities that demonstrate proficiency in the field of historic preservation. A number of commonly asked questions about the design and content of the Standards, as well as their application and implementation, are answered below in order to assist anyone applying for a position or anyone charged with obtaining the services of a professional in the field of historic preservation. 1.Under what authority are these Standards developed? ‘‘The Secretary of the Interior’s Historic Preservation Professional Qualification Standards and Guidance’’ are part of the larger ‘‘Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation.’’ The statutory authority for the Secretary’s development of these can be found in sections 101(g), 101(h), 101(i), and 101(j)(2)(A) of the National Historic Preservation Act, as amended. These Standards and Guidance (including the Professional Qualification Standards) were published in the Federal Register in 1983 as the Secretary’s best guidance for historic preservation practice nationally. This remains their preeminent function. 2.What about the requirements in Section 112 of the National Historic Preservation Act? Section 112 is not the statutory authority for the ‘‘Secretary of the Interior’s Historic Preservation Professional Qualification Standards and Guidance’’ (see the preceding paragraph). Section 112 splits Federal agency requirements for meeting ‘‘professional standards’’ into two parts. Section 112(a)(1)(A) mandates that Federal ‘‘actions’’ meet professional standards; it is not directed at establishing professional qualification requirements. It is section 112(a)(1)(B) that requires the Federal Office of Personnel Management (OPM) to devise professional qualification requirements for Federal employees and contractors in seven disciplines. OPM is required by statute to consult with the National Park Service (NPS) and others in creating these requirements. When completed, NPS will offer the Professional Qualification Standards and Guidance as its best advice to OPM for their use. 3.Are the Standards regulatory or are they advisory? The Standards are not in and of themselves regulatory. A separate regulation or other official action which references or otherwise adopts part or all of them is necessary to give any force to any language in the Standards. In a number of instances, this has occurred. For example, the Standards for Rehabilitation are regulatory in the Federal Preservation Tax Incentives program through 36 CFR part 67. Likewise, the Professional Qualification Standards are regulatory for States, local historic preservation programs, and participating tribes through 36 CFR part 61. The guidance (‘‘Academic Background’’ and ‘‘Documenting Professional Experience’’) accompanying the Professional Qualification Standards is intended to assist users in the application of the Standards; the guidance is not regulatory. 4.How were these Standards developed? Who was consulted? Consultation has been extensive over the four years of this project. The wide range of constituents that use the Standards dictates a broad consultation process, which, not surprisingly, results in widely varying opinions and recommendations. To date, NPS has consulted with: (1) Federal, tribal, State, and local government historic preservation programs as well as related organizations; (2) professional societies and organizations of professional societies; (3) academic programs in historic preservation and organizations of such programs; (4) individuals and companies in the private practice of historic preservation as well as related organizations; and, (5) individuals working in the public sector as well as organizations of such people. 5.Why did the National Park Service choose the disciplines it did? These disciplines were selected because each is specifically mentioned in the National Historic Preservation Act. [See sections 112(a)(1)(A), 112(a)(1)(B), 201(a)(9), 301(12)(B), 301(13), and 401(c)(3).] 6.How are these Standards to be used?The Standards are designed to be a tool to help recognize the minimum expertise generally necessary for performing professionally credible historic preservation work. The Standards are not designed to identify the best or ideal person for any position or the preeminent practitioners in any discipline, nor are they developed to qualify apprentice or entry level workers. The Standards are designed to describe the typical expertise held by credible mid-level journeymen working in historic preservation. 7.Do the Standards apply to ‘‘entry level’’ or ‘‘technician’’ level positions? Although the work of ‘‘entry-level’’ or ‘‘technician-level’’ personnel is critical to the success of historic preservation projects, these professional levels are not addressed in the Secretary’s Standards. The Standards apply only to the ‘‘journeyman’’ professional and define the minimum level of expertise necessary to provide reliable technical opinions relating to historic properties (without in-depth oversight or review by another professional in the discipline). 8.Do Federal agencies have to meet these Professional Qualification Standards?For Federal employees and Federal contractors, the Historic Preservation Professional Qualification Standards are regulatory only if they are specifically adopted by: (1) The Federal Office of Personnel Management (OPM) pursuant to its responsibility under Section 112(a)(1)(B) of the Act; (2) a Federal agency in its own agency-wide regulations, requirements, or policy; or (3) a Federal agency as part of a program or project agreement with another party. 9.How are general Standards applied in specific situations? General standards are intended to define minimum professional qualifications for identifying, evaluating, registering, treating, and interpreting historic properties nationwide; however, the best historic preservation professional for a particular office, program, project, or property depends upon the situation. Different skills and expertise are needed for different geographical areas and resource types. In most cases where the Standards are applied in hiring or contracting, job descriptions and qualifications will have to be tailored to specific situations and locations so that experience and training are relevant to the needs of the resources and the work to be done. Where there is a need for specialized expertise in a project, application of the Standards will necessarily focus upon specialized training and demonstrated experience and products. For example, a person may be highly skilled in restoring a 172 BOULDER CITY HISTORIC PRESERVATION PLAN94 33711Federal Register / Vol. 62, No. 119 / Friday, June 20, 1997 / Notices particular kind of resource (such as covered bridges), but that person would not be an appropriate choice to work on other types of resources. 10.Do all staff, consultants, and appointed advisors need to meet the Standards?SHPOs, CLGs, and tribes hire staff, select consultants, and appoint advisors to perform historic preservation work. However, it is NPS policy that historic preservation activity supported by the Historic Preservation Fund must be conducted, supervised, overseen, evaluated, or signed off by someone who meets the appropriate Professional Qualification Standard. Therefore, NPS requires the use of some of these Standards in certain circumstances by State Historic Preservation Offices, State Review Boards, and Certified Local Government Commissions (see 36 CFR part 61). Consequently, in some offices there could be no staff meeting the Professional Qualification Standards as long as there is access somewhere along the line to the appropriate expertise. For offices (e.g., States) required to have professionally qualified staff and Review Board membership, the requirement is usually to have at least one qualified individual in the three specified core disciplines. States and Tribes with 101(d) status are expected to obtain the services of professionals qualified in other disciplines as needed. It is possible that an individual may meet the Professional Qualification Standards for more than one discipline. Other staff members working in the discipline do not have to meet the Standards. 11.What about professionals who were hired under the old Standards? For programs administered by the National Park Service, each State staff, State Review Board member and Certified Local Government Commission member approved by the Secretary as meeting the Professional Qualification Standards will retain that status, regardless of any subsequent changes in the Standards, until such time as that individual no longer is employed by the State office, serves on the State Review Board, or serves on the Certified Local Government Commission with which that individual was affiliated as of the date of that individual’s approval. Contractors qualified in a specified discipline under the old requirements will be deemed qualified in that discipline by NPS under the new rules as long as the contract, cooperative agreement, or other third-party agreement remains in effect. New contractual agreements would apply the new standards. Other organizations using the Professional Qualification Standards are encouraged to adopt a similar approach. 12.Why aren’t the Standards for each discipline exactly the same? Because each discipline is different and makes its own distinct contribution to historic preservation, the Professional Qualification Standards differ somewhat according to discipline. Each set of Standards includes educational and experience equivalencies to assure fairness in hiring practices; thus, a graduate or undergraduate degree, or other certification, registration, or professional license or training is given full consideration, when combined with differing periods of full-time professional experience. Documenting a record of high quality products and activities during past employment is required in every Standard; however, the type of products and activities will necessarily differ within each discipline. 13.Why does one have to demonstrate proficiency in a specific discipline as well as in historic preservation?When decision makers lack the expertise required to make informed decisions, historic and cultural resources can be overlooked, mis-identified, mis-evaluated, damaged, or lost. Partial expertise can be just as harmful, whether a person is well- grounded in historic preservation, but lacks professional discipline skills, or, alternatively, is an expert in a professional discipline, but fails to understand its important connection to historic preservation. Involvement of people with expertise in both a professional discipline and historic preservation will greatly improve the reliability of decisions affecting our nation’s heritage. 14.What constitutes full-time professional experience? Full-time professional experience generally refers to experience received after the degree was awarded or education was completed. Full-time professional experience can be acquired in blocks of time that, together, add up to the number of years called for in the Standard. In some disciplines, a portion of this experience must have been earned under the direct supervision of a recognized professional. It is possible that some education and experience received outside the United States is relevant to the identification, evaluation, documentation, registration, treatment, and interpretation of United States historic and cultural properties. 15.Does the required experience have to occur subsequent to obtaining the requisite educational or licensing credentials?Although it is preferable to have the practical experience after obtaining the academic training in a particular discipline, there is no such national requirement. The hiring, choosing, selecting, or contracting office must determine for itself how much experience, of what sort, and in what sequence, is appropriate for the job or position. 16.How many and what types of products and activities are routinely used to document the quality of professional experience? The applicant, employee, consultant, or advisor may cite products such as peer-reviewed articles and publications, audio-visual materials, awards, and National Register documentation. Activities could include teaching the theory or practices of a specific discipline; administrative, project review, or supervisory experience in a historic preservation program or office; and field or laboratory work. In any event, products and activities should demonstrate the appropriate use of the applicable ‘‘Secretary of the Interior’s Standards for Archeology and Historic Preservation.’’ Examples are provided in the Documenting Professional Experience section of the guidance for Applying the Standard for each discipline. 17.In determining academic qualifications, what is a ‘‘closely related field of study?’’ To provide flexibility in determining academic credentials, the Standards recognize that a graduate or undergraduate degree may have been attained in either the identified discipline or in a related discipline. Thus a candidate for the position of Architectural Historian may have an undergraduate degree in a closely related field of study, such as Art History or Historic Preservation. Merely having a degree in a closely related field does not automatically meet the Standard. The course work taken to earn a degree in a related field should be weighed against the course requirements in the Standard’s ‘‘main’’ discipline. For example, a degree in Art History does not necessarily, on its own, meet the Standard for Architectural History, unless course work relevant to the Standard can be documented, such as American architectural history. (See the Academic Background guidance given after each Standard, which discusses the typical closely related fields of study for each historic preservation discipline.) 18.How much and what kind of course work in a ‘‘closely related field’’ is required to meet the Professional Qualifications Standards? There is no set amount of credit hours. The office hiring or selecting must make a determination that the person with course work in a closely related field has enough relevant education to be 173 NEVADA PRESERVATION FOUNDATION 95 33712 Federal Register / Vol. 62, No. 119 / Friday, June 20, 1997 / Notices equivalent to that necessary for the standard degree in that discipline, and to enable that person to make judgments about the identification, evaluation, documentation, registration, or treatment of historic or archeological properties in the United States and its Territories. 19.When is ‘‘exceptional experience’’ a factor? In general, an applicant, employee, consultant, contractor, or advisor who does not possess a combination of education or training, experience, and products would not meet the Standards. However, in some cases, a person’s experience and contributions have been so exceptional that he or she demonstrates the level of expertise that meets the Standards. In particular, this may apply in those situations where persons embarked upon their careers before recognized academic programs were established, and their education or training was thus attained in alternative ways. In such instances, exceptional experience would be substituted for an academic degree or other training. It is up to the organization with administrative oversight responsibility for the program or project to determine whether the individual meets the Standards. For example, in a program under the purview of 36 CFR part 61, the State Historic Preservation Office would request an exception from the National Park Service for the person under consideration for a ‘‘professional’’ position on the State staff or Review Board. Otherwise, the organization doing the hiring or selecting of personnel would determine whether the individual meets the Standards. Discipline and Historic Preservation Proficiencies The Historic Preservation Professional Qualification Standards call for an understanding of the general principles, procedures, and practices in the discipline as they are applied to historic preservation. This type of expertise is necessary for historic preservation programs in which the employee, consultant, or advisor is expected to deal with a range of historic resources and issues. Proficiencies in the disciplines and in the practice of historic preservation are outlined below. Recommended Discipline Proficiencies The following discipline proficiencies (knowledge, skills, and abilities) should be possessed by applicants, employees, consultants, and advisors: •Knowledge of the history of the discipline. •Knowledge of current theories, principles, practices, methods, and techniques of the discipline. •Familiarity with diverse specializations within the discipline. •Skills in applying the discipline’s techniques of practice, including critical analysis skills. •Understanding of the discipline’s relationships with other disciplines and the ability to design and carry out interdisciplinary projects. •Understanding of complex research questions. •Ability to place a specific project in a broader context. •Knowledge of current scholarly research and its applicability to a given issue. •Familiarity with the process of rigorous professional peer review that occurs before work is published. Recommended Historic Preservation Proficiencies The following historic preservation proficiencies (knowledge, skills, and abilities) should be possessed by applicants, employees, consultants, and advisors: •Familiarity with the origins and development of the historic preservation movement. •Knowledge of the field of historic preservation as it is practiced in the United States, including its philosophies, theories, practices, laws, regulations, policies, and standards, and relationship to the discipline as a whole. •Ability to apply Federal and relevant State and local historic preservation laws, regulations, policies, and standards in the public and private sectors, including Federal, State, and local government agencies, and private organizations. •Ability to apply the appropriate set(s) of the ‘‘Secretary of the Interior’s Standards for Archeology and Historic Preservation,’’ and/or the National Register of Historic Places criteria. In consideration of the foregoing, the ‘‘Secretary of the Interior’s Professional Qualification Standards’’ are proposed to read as follows: Historic Preservation Professional Qualification Standards Archeology (A) Prehistoric Archeology (B) Historic Archeology Architectural History Conservation Cultural Anthropology Curation Engineering Folklore Historic Architecture Historic Landscape Architecture Historic Preservation Planning Historic Preservation History Archeology; Historic Preservation Professional Qualification Standards Archeology is the study of past human lifeways through the systematic observation, analysis, and protection of the material remains of human activities. Standard for Archeologist (A) Prehistoric The applicant, employee, consultant, or advisor will have a graduate degree in Anthropology with a specialization in Prehistoric Archeology, or a graduate degree in Archeology with a specialization in Prehistoric Archeology, or a graduate degree in a closely related field (see Academic Background for Archeology), PLUS a minimum of two and one-half (21⁄2) years of full-time professional experience in applying the theories, methods, and practices of Archeology that enables professional judgments to be made about the identification, evaluation, documentation, registration, or treatment of prehistoric archeological properties in the United States and its Territories (at least six months of experience must have been acquired in the performance of field and analytical activities under the supervision of a professional prehistoric archeologist, and one year of experience in the study of the archeological resources of the prehistoric period must have been at a supervisory level); and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Archeologists). (B) Historical The applicant, employee, consultant, or advisor will have a graduate degree in Anthropology with a specialization in Historical Archeology, or a graduate degree in Archeology with a specialization in Historical Archeology, or a graduate degree in a closely related field (see Academic Background for Archeology), plus a minimum of two and one-half (21⁄2) years of full-time professional experience applying the theories, methods, and practices of Archeology that enables professional judgments to be made about the identification, evaluation, documentation, registration, or treatment of historic archeological properties in the United States and its Territories (at least six months of experience must have been acquired in 174 BOULDER CITY HISTORIC PRESERVATION PLAN96 33713Federal Register / Vol. 62, No. 119 / Friday, June 20, 1997 / Notices the performance of field and analytical activities under the supervision of a professional Historical Archeologist, and one year of experience in the study of the archeological resources of the historic period must have been at a supervisory level); and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Archeologists). (Note:Pursuant to 36 CFR part 61, a person meeting this Standard (either Prehistoric or Historic Archeology) is required as part of the core staff for each State Historic Preservation Office (SHPO) and as part of each State Review Board. Expertise described by this standard is also needed for Tribal Preservation Office staff or consultants of tribes that have executed a Memorandum of Agreement to implement Section 101(d) of the National Historic Preservation Act. It also may be needed for consultants hired with HPF grant funds and for members of Certified Local Government Commissions.) Archeology—Academic Background Closely related fields: Anthropology, with a specialization in Archeology, is the typical degree discipline for archeologists practicing in the United States. One of the usual requirements for receiving the degree is completion of an archeological field school in which the student learns about techniques of survey, excavation, and laboratory processing. However, degree programs have also been established in Archeology, Cultural Resources Management, Historical Archeology, and Public Archeology. Some Historical Archeology programs are housed in History, Public History, or American Studies Departments. For these degrees, a list of courses taken should be reviewed to determine if the program is equivalent to that typically provided for a degree in Anthropology with a specialization in Archeology, including course work in archeological methods and theory, archeology of a geographic region (e.g., North America), and the field school. Discipline specializations: The most prevalent specializations in Archeology include Historical Archeology or Prehistoric Archeology, i.e., the specialization in resources of either the prehistoric period or the historic period. These specializations necessarily require expertise in different types of sites and different sources of information about past human activities. For example, a prehistoric archeologist usually requires a knowledge of environmental sciences, while a historical archeologist needs to understand the techniques of archival research. Additional specialized training and experience is also required for those specializing in, for example, underwater archeology, physical anthropology (human bones and burials), forensic archeology, or zooarcheology (non-human bones). In addition, archeologists typically specialize in the archeological resources of a particular time period, geographic region, resource type, or research subject. Applying the Standard for Archeologist—Documenting Professional Experience A professional archeologist typically has experience in field survey, site testing, site excavation, artifact identification and analysis, documents research, and report preparation. Supervised field experience as a graduate student may be counted as part of the overall 21⁄2 year professional experience requirement. A Prehistoric Archeologist meeting this Standard would document one year of supervisory experience in the study of prehistoric archeological sites; a Historical Archeologist would document one year of supervisory experience in the study of sites of the historic period. The two archeologist specializations of Prehistoric Archeology and Historic Archeology are not interchangeable. Documentation to show that someone qualifies in both Prehistoric and Historic Archeology should include a minimum of one additional year of supervisory experience on resources of the other specialty, for a total of 31⁄2 years of experience, with products and activities in both specializations. Products and Activities. Professional experience and expertise must be documented through ‘‘products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation.’’ Products and activities that meet the appropriate Secretary Standards for Archeology and Historic Preservation may include: •Survey and excavation reports of cultural resource management or Section 106 (or other compliance) projects. These reports are typically called ‘‘grey literature;’’ they often have multiple authors and are usually produced in limited quantities by consulting firms. •National Register documentation resulting in property listings or Determinations of Eligibility. •Materials such as presentations, booklets, brochures, lesson plans, or videos that interpret the results of archeological investigation for the general public. •Publications including articles in professional journals, monographs, books, or chapters in edited books, related to the preservation of historic or archeological properties. •Presentations at regional, national, or international professional conferences related to the preservation of historic or archeological properties. •Professional service on boards or committees of regional, national, or international professional organizations concerned with the preservation of historic or archeological properties. •Awards, research grants, research fellowships, or invitations to teaching posts. This list is not comprehensive. Furthermore, it is not expected that all of these products and activities will need to be documented in order to meet the Standard; rather, a combination of several of these products and activities would be more typical. However, if the applicant were documenting professional experience in one of the specializations, the majority of products and activities should reflect that specialization. Architectural History; Historic Preservation Professional Qualification Standards Architectural History is the study of the development of building practices through written records and design and the examination of structures, sites, and objects in order to determine their relationship to preceding, contemporary, and subsequent architecture and events. Standard for Architectural Historian (a) The applicant, employee, consultant, or advisor will have a graduate degree in Architectural History or a closely related field of study (see Academic Background for Architectural History), plus a minimum of two (2) years of full-time professional experience applying the theories, methods, and practices of Architectural History that enables professional judgments to be made about the identification, evaluation, documentation, registration, or treatment of historic properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Architectural Historians); or * * * (b) An undergraduate degree in Architectural History or a closely 175 NEVADA PRESERVATION FOUNDATION 97 33714 Federal Register / Vol. 62, No. 119 / Friday, June 20, 1997 / Notices related field of study (see Academic Background for Architectural History), plus a minimum of four (4) years of full- time professional experience applying the theories, methods, and practices of Architectural History that enables professional judgments to be made about the identification, evaluation, documentation, registration, or treatment of historic properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Historians). (Note:Pursuant to 36 CFR part 61, a person meeting this Standard is required as part of the core staff for each State Historic Preservation Office (SHPO) and as part of each State Review Board. Expertise described by this standard is also needed for Tribal Preservation Office staff or consultants of tribes that have executed a Memorandum of Agreement to implement Section 101(d) of the National Historic Preservation Act. It also may be needed for consultants hired with HPF grant funds and for members of Certified Local Government Commissions.) Architectural History—Academic Background Closely related fields: Professional Architectural Historians typically receive their formal training through Architectural History, Art History, or Historic Preservation programs, which include course work in American Architectural History. Other fields of study may offer relevant training, provided that course work in American Architectural History is taken. These other fields may include American Studies, American Civilization, Architecture, Landscape Architecture, Urban and Regional Planning, American History, Historic Preservation, and Public History. Discipline specializations: Architectural Historians tend to be generalists, although specializations within Architectural History are typically based on time periods (such as 18th century), on a particular architectural style (such as Georgian or vernacular), or a combination of these (such as plantation architecture in the antebellum South). Applying the Standard for Architectural Historian—Documenting Professional Experience Products and Activities Professional experience and expertise must be documented through ‘‘products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation.’’ A professional Architectural Historian typically has expertise in research, survey, documentation, and evaluation, of architectural resources, including buildings, structures, objects, and districts. Documentation of such experience is desirable. Products and activities that meet the appropriate Secretary’s Standards for Archeology and Historic Preservation may include: •Survey reports assessing the significance of historic properties. •Historic structure reports. •National Register documentation resulting in property listings or Determinations of Eligibility. •Documentation that meets HABS/ HAER standards for recording historic properties. •Publications, which might include articles in regional, national, or international professional journals, monographs, books, or chapters in edited books, related to the preservation of historic structures. •Presentations at regional, national, or international professional conferences related to the preservation of historic structures. •Professional service on boards or committees of regional, national, or international professional organizations concerned with the preservation of historic structures. •Awards, research grants, research fellowships, or invitations to teaching posts. This list is not comprehensive. Furthermore, it should be understood that not all of these products and activities are needed in order to meet the Standard; rather, a combination of several products and activities would be more typical. If the applicant were documenting professional experience in one of the specializations, however, the majority of products and activities would naturally reflect that specialization. Conservation; Historic Preservation Professional Qualification Standards Conservation is the practice of prolonging the physical and aesthetic life of prehistoric and historic material culture through documentation, preventive care, treatment, and research. Standard for Conservator (a) The applicant, employee, consultant, or advisor will have a graduate degree in Conservation or a graduate degree in a closely related field of study with a certificate in Conservation (see Academic Background for Conservation), plus a minimum of three (3) years of full-time professional experience applying the theories, methods, and practices of Conservation that enables professional judgments to be made about the identification, evaluation, documentation or treatment of objects associated with historic and prehistoric properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Conservators); or ** * (b) An undergraduate degree in Art History, or Natural or Physical Science, or another closely related field to Conservation (see Academic Background for Conservation), with an additional (3) years of full-time enrollment in an apprenticeship program equivalent to graduate studies in Conservation and supervised by a professional Conservator; plus a minimum of three (3) years full-time professional experience applying the theories, methods, and practices of Conservation that enables professional judgments to be made about the identification, evaluation, documentation, or treatment of objects associated with historic and prehistoric properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Conservators). Conservation—Academic Background Closely related fields: Since Conservators tend to specialize in a particular class of objects, closely related fields will be diverse, and could include Art, Art Conservation, Art History, Architecture, Historic Preservation, Museum Studies, Chemistry, Physics, Engineering (or a related scientific field), Archeology, Anthropology, or other fields related to the conservation specialization. If a closely related field is being claimed, the degree in the closely related field should be accompanied by a certificate in Conservation, or the completion of course work equivalent to that typically offered in graduate Conservation programs. This course work should include examination, documentation, and treatment of objects; history and technology of objects; and conservation science. In addition, such a program should include the completion of a two- semester internship. Discipline specializations: Professional conservators specialize in the treatment and maintenance of a 176 BOULDER CITY HISTORIC PRESERVATION PLAN98 33715Federal Register / Vol. 62, No. 119 / Friday, June 20, 1997 / Notices specific class of objects or materials, such as archeological artifacts, architectural elements or fragments, or collections, books, ceramics, glass, decorative arts, ethnographic objects, furniture, metals, paintings, paper, photographs, sculpture, and textiles. Some conservators have studied more than one specialty, and have accumulated experience which allows them to practice in several of these specialties (although they are often closely related, such as books, drawings, prints or paper; decorative arts and furniture; sculpture and archeological artifacts). In these cases, the time period that distinguishes the materials is often the specialty. Each of these specialties requires focused training and experience, since each represents unique problems which are not always necessarily shared with other materials or time periods. Hence, a professional conservator should be able to perform according to professional standards of practice within the claimed area of specialty and should be both capable and willing to recognize his or her limitations. The professional conservator, moreover, should be generally knowledgeable about the issues of other specialties and the benefit of effective communication among the specialties. A broad understanding of the general principles of the conservation discipline is paramount as well, particularly in the area of technological and philosophical concerns that govern the ethics of the profession. A note on Conservation education: Many professional Conservators received their training by serving apprenticeships with professional Conservators. For some time, however, graduate conservation programs have been established in academic institutions; these require an internship in recognition of the critical importance of hands-on training and experience in preparing students for professional practice. Applying the Standard for Conservator—Documenting Professional Experience A professional Conservator typically possesses specialized technical skills and has experience in the examination, analysis, documentation, treatment, and preventive care of a specific class, or classes, of objects. Products and Activities Professional experience and expertise must be documented through ‘‘products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation.’’ Products and activities that meet the appropriate Secretary’s Standards for Archeology and Historic Preservation may include: •A portfolio of current and past conservation work, including written and photographic documentation. •Reports of examination, condition, or treatment of objects. •Publications, which might include articles in professional journals, monographs, books, or chapters in edited books, related to the care and treatment of objects. •Presentations at regional, national, or international professional conferences, workshops or other educational venues related to the care and treatment of objects. •Professional service on boards or committees of regional, national, or international professional organizations concerned with the conservation of objects. •Awards, research grants, research fellowships, or invitations to teaching posts. This list is not comprehensive. Futhermore, it should be understood that not all of these products and activities are needed in order to meet the Standard; rather, a combination of several products and activities would be more typical. If the applicant were documenting professional experience in one of the specializations, however, the majority of products and activities would naturally reflect that specialization. Cultural Anthropology; Historic Preservation Professional Qualification Standards Cultural anthropology is the description and analysis of cultural systems, which include systems of behaviors (economic, religious, social), values, ideologies, and social arrangements. Standard for Cultural Anthropologist (a) The applicant, employee, consultant, or advisor will have a graduate degree in Anthropology with a specialization in Applied Cultural Anthropology, or a closely related field (see Academic Background for Cultural Anthropology), plus a minimum of two (2) years of full-time professional experience (including at least six months of field work supervised by a professional Cultural Anthropologist) applying the theories, methods, and practices of Cultural Anthropology that enables professional judgments to be made about the identification, evaluation, documentation, registration, or treatment of historic, prehistoric, or traditional cultural properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Cultural Anthropologists); or * * * (b) An undergraduate degree in Anthropology or a closely related field (see Academic Background for Cultural Anthropology), with a specialization in Applied Cultural Anthropology, plus a minimum of four (4) years of full-time professional experience (including at least twelve months of field work supervised by a professional Cultural Anthropologist) applying the theories, methods, and practices of Cultural Anthropology that enables professional judgments to be made about the identification, evaluation, documentation, registration, or treatment of historic, prehistoric, or traditional cultural properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (See Documenting Professional Experience for Cultural Anthropologists). Cultural Anthropology—Academic Background Closely related fields: A degree in Anthropology with a specialization in Applied Cultural Anthropology is the typical degree discipline for Cultural Anthropologists practicing in the United States. Closely related fields of study may include Sociology, Cultural Geography, Folklife, History, and American Studies. Discipline specializations: Specializations in this discipline include Applied Cultural Anthropology, and Social Anthropology (which may be considered the most closely related to Cultural Anthropology; some academic programs even combine them, referring to Sociocultural Anthropology). Departments of Anthropology typically provide training in Archeology, Physical Anthropology, Ethnography, and Sociocultural Anthropology, and they may offer Applied Anthropology concentrations in one or more of these fields. Professional Cultural Anthropologists tend to specialize geographically (such as in the Southwest United States, Micronesia or New England) or topically (such as Medical Anthropology or Urban Anthropology), or in working with particular cultural or linguistic groups (such as fishermen, Irish immigrants, or Northwest Coast Indians). 177 NEVADA PRESERVATION FOUNDATION 99 33716 Federal Register / Vol. 62, No. 119 / Friday, June 20, 1997 / Notices Applying the Standard for Cultural Anthropologist—Documenting Professional Experience A professional Cultural Anthropologist typically has experience in the use of ethnohistoric and ethnographic techniques, including participant observation field work among one or more contemporary ethnic groups. The typical Cultural Anthropologist would also have performed field survey to identify and assess ethnographic resources, which can include, in addition to historic and cultural places of value, environmental features and places that have symbolic and other cultural value for Native American and/or other ethnic communities. A Cultural Anthropologist engaged in substantial ethnographic field work should demonstrate professional experience in the relevant geographic area and/or among the New World peoples, immigrant, ethnic, or minority communities with whom they will work. Products and Activities Professional experience and expertise must be documented through ‘‘products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation.’’ Products and activities that meet the appropriate Secretary’s Standards for Archeology and Historic Preservation may include: •Ethnographic field studies and survey reports, oral histories, or social impact assessments. •National Register documentation of ethnographic resources or traditional cultural properties resulting in property listings or Determinations of Eligibility. •Publications, which might include articles in regional, national, or international professional journals, monographs, books, or chapters in edited books, related to the documentation and preservation of historic and archeological resources, and/or traditional cultural properties. •Presentations at regional, national, or international professional conferences, symposia, workshops or exhibits related to the documentation and preservation of historic and archeological resources, and/or traditional cultural properties. •Professional service on boards or committees or regional, national, or international professional organizations concerned with the documentation and preservation of historic and archeological resources. •Awards, research grants, research fellowships, or invitations to teaching posts. This list is not comprehensive. Futhermore, it should be understood that not all of these products and activities are needed in order to meet the Standard; rather, a combination of several products and activities would be more typical. If the applicant were documenting professional experience in one of the specializations, however, the majority of products and activities would naturally reflect that specialization. Curation; Historic Preservation Professional Qualification Standards Curation is the practice of documenting, managing, preserving, and interpreting museum collections according to professional museum and archival practices. Standard for Curator (a) The applicant, employee, consultant, or advisor will have a graduate degree in Museum Studies or a closely related field of study (see Academic Background for Curation), plus a minimum of two (2) years of full- time professional experience applying the theories, methods, and practices of Curation that enables professional judgments to be made about the identification, evaluation, documentation, preventive care, or interpretation of collections associated with historic and prehistoric properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Curators); or *** (b) An undergraduate degree in Museum Studies or a closely related field of study (see Academic Background for Curation), plus a minimum of four (4) years of full-time professional experience applying the theories, methods, and practices of Curation that enables professional judgments to be made about the identification, evaluation, documentation, preventive care, or interpretation of collections associated with historic and prehistoric properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Curator). Curation—Academic Background Closely related fields: A degree program called Museum Studies in one academic institution might be called Museum Science or Museology in another institution. Since Curators often specialize in particular disciplines, those fields of study would be relevant provided that theoretical as well as hands-on training was also obtained in museum methods and techniques, including collections care and management. Examples of relevant fields could include American Studies, Anthropology, Archeology, Art History, Archival or Library Science, History, Biology, Botany, Chemistry, Physics, Engineering, Geology, Zoology, and other similar fields of study, depending upon the nature of the collections to be curated. Discipline specializations: Professional Curators tend to be specialists in a particular academic discipline relevant to the collections held by their institution or museum, which could include, for example, 19th- century Hudson Valley School paintings, Southwest Pueblo pottery, Civil War military uniforms, site- specific archeological materials, or natural history specimens. Applying the Standard for Curator— Documenting Professional Experience A professional Curator typically has experience in managing and preserving a collection according to professional museum and archival practices. Cultural training should involve experience with the chemical and physical properties of material culture, as well as practical and legal aspects of health and safety, an understanding of climate control systems, security, and conservation methods. The Curator is directly responsible for the care and academic interpretation of all objects, materials, and specimens belonging to or lent to the museum; recommendations for acquisition, de-accession, attribution and authentication; and research on the collections and the publication of the results of that research. The Curator also may have administrative and/or exhibition responsibilities. Products and Activities Professional experience and expertise must be documented through ‘‘products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation.’’ Products and activities that meet the appropriate Secretary’s Standards for Archeology and Historic Preservation may include: •Exhibit catalogs and other scholarly reports. •Field or laboratory work that demonstrates ability to conserve, document, or interpret archeological, 178 BOULDER CITY HISTORIC PRESERVATION PLAN100 33717Federal Register / Vol. 62, No. 119 / Friday, June 20, 1997 / Notices archival, or material culture objects or collections. •Plans or finding aids for the preservation or documentation of museum collections. •Publications, which might include articles in regional, national, or international professional journals, monographs, books, or chapters in edited books, related to the care and treatment of archeological, archival, or material culture objects or collections. •Presentations at regional, national, or international professional conferences, symposia, workshops, or exhibits related to the care and treatment of archeological, archival, or material cultural objects or collections. •Professional service on boards or committees or regional, national, or international professional organizations concerned with the care and treatment of archeological, archival, or material culture objects or collections. •Awards, research grants, research fellowships, or invitations to teaching posts. This list is not comprehensive. Furthermore, it should be understood that not all of these products and activities are needed in order to meet the Standard; rather, a combination of several products and activities would be more typical. If the applicant were documenting professional experience in one of the specializations, however, the majority of products and activities would naturally reflect that specialization. Engineering; Historic Preservation Professional Qualification Standards Engineering is the practice of applying scientific principles to the research, planning, design, and management of structures and machines such as roads, bridges, canals, dams, docks, locomotives, and buildings, including their structural, electrical, or mechanical systems. Historic Engineering involves specialized training in engineering principles, theories, concepts, methods, and technologies of the past, and appropriate methods of interpreting and preserving historic engineered structures or machinery. Standard for Engineer (a) The applicant, employee, consultant, or advisor will have a State Government-recognized license to practice civil or structural engineering, plus, a minimum of two (2) years of full- time professional experience applying the theories, methods, and practices of engineering that enables professional judgments to be made about the documentation or treatment of historic structures and machines in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Engineers); or * * * (b) A Masters of Civil Engineering degree with demonstrable course work in Historic Preservation, for historic structures rehabilitation, plus a minimum of two (2) years of full-time professional experience applying the theories, methods, and practices of Engineering that enables professional judgments to be made about the documentation or treatment of historic structures and machines in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Engineers); or * * * (c) A Bachelors of Civil Engineering degree with at least one year of graduate study in History of Technology, Historic Preservation, Engineering History, or a closely related field (see Academic Background for Engineers), plus a minimum of two (2) years of full-time professional experience applying the theories, methods and practices of Engineering that enables professional judgments to be made about the documentation or treatment of historic structures and machines in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Engineers). (Note:Only persons who are licensed to practice Engineering in that State may prepare and seal plans and specifications in order to obtain construction permits, authorize payments to contractors, and certify that the work is complete. However, State staff, State Review Board members, and CLG staff or Commission members who are not licensed, but who meet the Standard for Engineer under (b) or (c) above, can review proposed and completed work for compliance with the applicable Secretary’s Standards for Tax Act, HPF Grant, or other related programs.) Engineering—Academic Background Closely related fields: The Bachelor of Civil Engineering degree is a five-year degree that is unlikely to include historic preservation course work. The same is true of a Masters of Civil Engineering degree. An Engineer with an Engineering degree is well grounded in all aspects of engineering practice, including design, planning, construction specifications, and contract administration. Although this background is essential, additional training is needed in order to understand and work with historic structures, sites, and machines, with their complex material evolution and treatment problems. Specialized training, to supplement that provided by the professional Engineering program, should be acquired in such areas as American Architectural and Engineering History, History of Technology, Architectural Preservation, Conservation, Historic Construction Technologies, Historic Building Materials, Historical Archeology, and Historic Preservation. Discipline specializations: Civil Engineering, Electrical Engineering, Mechanical Engineering, and Structural Engineering are typical specializations within the broader discipline of Engineering. The two specializations most often used in historic preservation projects are Civil and Structural Engineering. Occasionally, there may be the need for a Mechanical Engineer to address issues concerning historic machinery such as locomotives, steam engines, water turbines, electric generators, and similar machines and equipment, or particularly complex mechanical systems in a historic structure. Applying the Standard for Engineer— Documenting Professional Experience To be licensed by a State Government as a professional Engineer, an individual must pass a written exam and successfully fulfill education, training, and experience requirements. In addition, a professional Historical Engineer has both theoretical knowledge and technical skill associated with preserving historic structures and machines, and with the application of Engineering theories, methods, and practices that enables professional judgments to be made about the evaluation, documentation, or treatment of historic structures and machines in the United States and its Territories. A professional Historical Engineer typically has gained experience on structural preservation projects, which have included research and detailed investigations of historic structures or mechanical artifacts and preparation of recommendations for the treatment of such properties in order to preserve them in accordance with the appropriate Secretary’s Standards for Archeology and Historic Preservation (particularly the Secretary’s Standards for the Treatment of Historic Properties). 179 NEVADA PRESERVATION FOUNDATION 101 33718 Federal Register / Vol. 62, No. 119 / Friday, June 20, 1997 / Notices Products and Activities Professional experience and expertise must be documented through ‘‘products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation.’’ Products and activities that meet the Secretary Standards for Archeology and Historic Preservation may include: •Plans and Specifications for the preservation, rehabilitation, or restoration of historic structures, such as bridges, dams, canal locks, and for the structural rehabilitation or seismic stabilization of buildings. •Adaptive reuse or feasibility studies that make recommendations for preserving or structurally stabilizing historic structures, including bridges. •Historic Structure Reports or Condition Assessments of historic structures or machines. •Documentation that meets HABS/ HAER standards for recording historic structures or machines. •Experience applying the Secretary of the Interior’s Standards for the Treatment of Historic Properties to the review of work on historic structures, sites or machines. •Awards for historic structure preservation, rehabilitation, or restoration received from local, regional, national, or international professional organizations. •Publications, which might include articles in regional, national, or international professional journals, monographs, books, or chapters in edited books about the preservation of historic structures or machines. •Presentations at regional, national, or international professional conferences, symposia, workshops, or exhibits about the preservation of historic structures or machines. •Professional service on boards or committees or regional, national, or international professional organizations concerned with the preservation of historic structures or machines. This list is not comprehensive. Furthermore, it should be understood that not all of these products and activities are needed in order to meet the Standard; rather, a combination of several products and activities would be more typical. Folklore; Historic Preservation Professional Qualification Standards Folklore is the study and documentation of traditional, expressive culture shared within various ethnic, familial, occupational, religious, and regional groups. Standard for Folklorist (a) The applicant, employee, consultant, or advisor will have a graduate degree in Folklore, Folklife Studies, Anthropology or a closely related field of study (see Academic Experience for Folklore), with a specialization in Folklore or Folklife Studies, plus a minimum of two (2) years of full-time professional experience applying the theories, methods, and practices of Folklore that enables professional judgments to be made about the identification, evaluation, or documentation of folk cultures or lifeways associated with historic or prehistoric properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Folklorists); or * * * (b) An undergraduate degree in Anthropology or a closely related field of study (see Academic Experience for Folklore), plus a minimum of four (4) years of full-time professional experience applying the theories, methods, and practices of Folklore that enables professional judgments to be made about the identification, evaluation, or documentation of folk cultures or lifeways associated with historic or prehistoric properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation. (see Documenting Professional Experience for Folklorists). Folklore—Academic Background Closely related fields: Typically, a professional Folklorist has a graduate degree in Folklore or Folklife Studies, or from highly specialized study within other disciplines such as Anthropology, English, Linguistics, or Sociology, provided that such study included training in theory, research and fieldwork techniques, and in the diverse categories of expressive culture. Discipline specializations: A graduate degree in Anthropology may be combined with a specialization in Folklore and Folklife Studies. Other specializations may include: English, Cultural Anthropology, Ethnohistory, Ethnobotany, Ethnozoology, Ethnoarcheology, Cultural Geography, Sociology, and Oral History. A professional Folklore specialist, or Folklorist, may specialize in any of the categories of traditional expressive culture, such as music (ethnomusicology), spoken word traditions, material culture, customs, or religious and belief systems; or specialization may focus on the study of a particular contemporary group (such as the Pennsylvania Amish) or region of the United States (such as Appalachia). Applying the Standard for Folklorist— Documenting Professional Experience A professional Folklorist typically demonstrates professional knowledge and skills in established methods and techniques of folklore and folklife research in the collection, evaluation, documentation, analysis, and/or presentation of grassroots and traditional cultural expression, including folk music, spoken word, dance, craftsmanship and artistic traditions, folkways, customs, belief systems, traditional foodways, and regional and/or occupational groups and communities. Experience would typically include fieldwork, with on-site interviews, observation, and documentation of contemporary human cultural activities. Products and Activities Professional experience and expertise must be documented through ‘‘products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation.’’ Products and activities that meet the appropriate Secretary’s Standards for Archeology and Historic Preservation may include: •Field studies and survey reports, oral histories, or assessments of the significance of historic properties. •Publications, which might include articles in regional, national, or international professional journals; monographs, books, or chapters in edited books, related to assessing the significance of historic or traditional cultural properties. •Presentations at regional, national, or international professional conferences, symposia, workshops, exhibitions, or other educational venues related to analyzing cultural traditions in evaluating the significance of historic or traditional cultural properties. •Professional service on boards or committees of regional, national, or international professional organizations concerned with documenting and analyzing cultural traditions. •Awards, research grants, research fellowships, or invitations to teaching posts. This list is not comprehensive. Furthermore, it should be understood that not all of these products and activities are needed in order to meet 180 BOULDER CITY HISTORIC PRESERVATION PLAN102 33719Federal Register / Vol. 62, No. 119 / Friday, June 20, 1997 / Notices the Standard; rather, a combination of several products and activities would be more typical. If the applicant were documenting professional experience in one of the specializations, however, the majority of products and activities would naturally reflect that specialization. Historic Architecture; Historic Preservation Professional Qualification Standards Historic Architecture is the practice of applying artistic and scientific principles to the research, planning, design, and management of the built environment with specialized training in the principles, theories, concepts, methods, and techniques of preserving historic buildings and structures. Standard for Historical Architect (a) The applicant, employee, consultant, or advisor will have a State Government-recognized license to practice Architecture, plus, a minimum of two (2) years of full-time professional experience applying the theories, methods, and practices of Architecture that enables professional judgments to be made about the evaluation, documentation, or treatment of historic structures in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Historical Architects); or * * * (b) A Masters of Architecture degree with demonstrable course work in Architectural Preservation, Architectural History, Historic Preservation, Historic Preservation Planning, or a closely related field (see Academic Background for Historic Architecture), plus a minimum of two (2) years of full-time professional experience applying the theories, methods, and practices of Historic Architecture that enables professional judgments to be made about the evaluation, documentation, or treatment of historic structures in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Historical Architects); or * * * (c) A Bachelors of Architecture degree with at least one year of graduate study in Architectural Preservation, Architectural History, Historic Preservation, Historic Preservation Planning, or a closely related field (see Academic Experience for Historic Architecture), plus a minimum of two (2) years of full-time professional experience applying the theories, methods and practices of Historic Architecture that enables professional judgments to be made about the evaluation, documentation, or treatment of historic structures in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Historical Architects). (Note:Only persons who are licensed to practice Architecture in that State may prepare and seal plans and specifications in order to obtain construction permits, authorize payments to contractors, and certify that the work is completed. However, State staff, State Review Board members, and CLG staff or Commission members who are not licensed, but who meet the Standard for Historical Architect under (b) or (c) above, can review proposed and completed work for compliance with the applicable Secretary’s Standards for Tax Act, HPF Grant, or other related programs.) Historic Architecture—Academic Background Closely related fields: The Bachelor of Architecture degree is a five-year degree that does not always include historic preservation course work. The same may be true of a Masters of Architecture degree. An Historical Architect is first an Architect and, as such, is well grounded in all aspects of architectural practice, including architectural design, planning, construction specifications, and contract administration. Although this background is essential, additional training is needed in order to understand and work with historic structures, with their complex material evolution and treatment problems. Specialized training, to supplement that provided by the professional Architecture program, should be acquired in such areas as American Architectural History, Architectural Preservation, Conservation, Historic Construction Technologies, Historic Building Materials, and Historic Preservation. Discipline specialization: Historic Architecture is a specialization within the broader discipline of Architecture. Applying the Standard for Historical Architect—Documenting Professional Experience To be licensed by a State Government as a professional Architect, an individual must pass a written exam and successfully fulfill education, training, and experience requirements. In addition, a professional Historical Architect has both theoretical knowledge and technical skill associated with preserving historic structures, and with the application of Architecture theories, methods, and practices that enables professional judgments to be made about the evaluation, documentation, or treatment of historic properties in the United States and its Territories. A professional Historical Architect typically has gained experience on structural preservation projects, which have included research and detailed investigations of historic structures and preparation of recommendations for the treatment of properties in order to preserve them in accordance with the appropriate Secretary’s Standards for Archeology and Historic Preservation (particularly the Secretary’s Standards for the Treatment of Historic Properties). Products and activities Professional experience and expertise must be documented through ‘‘products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation.’’ Products and activities that meet the Secretary Standards for Archeology and Historic Preservation may include: •Plans and Specifications for the preservation, rehabilitation, or restoration of historic structures. •Adaptive reuse or feasibility studies that make recommendations for preserving historic structures. •Historic Structure Reports or Condition Assessments of historic structures. •Documentation that meets HABS/ HAER standards for recording historic structures. •Experience applying the Secretary of the Interior’s Standards for the Treatment of Historic Properties to the review of work on historic structures. •Awards for historic structure preservation, rehabilitation, or restoration received from local, regional, national, or international professional organizations. •Publications, which might include articles in regional, national, or international professional journals, monographs, books, or chapters in edited books about the preservation of historic structures. •Presentations at regional, national, or international professional conferences, symposia, workshops, or exhibits about the preservation of historic structures. •Professional service on boards or committees or regional, national, or international professional organizations 181 NEVADA PRESERVATION FOUNDATION 103 33720 Federal Register / Vol. 62, No. 119 / Friday, June 20, 1997 / Notices concerned with the preservation of historic structures. This list is not comprehensive. Furthermore, it should be understood that not all of these products and activities are needed in order to meet the Standard; rather, a combination of several products and activities would be more typical. Historic Landscape Architecture; Historic Preservation Professional Qualification Standards Historic Landscape Architecture is the practice of applying artistic and scientific principles to the research, planning, design, and management of both natural and built environments with specialized training in the principles, theories, concepts, methods, and techniques of preserving cultural landscapes. Standard for Historical Landscape Architect (a) The applicant, employee, consultant, or advisor will have a State Government-recognized license to practice Landscape Architecture, plus, a minimum of two (2) years full-time professional experience applying the theories, methods, and practices of Landscape Architecture that enables professional judgments to be made about the identification, evaluation, documentation, registration, or treatment of historic properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Historic Landscape Architects); or *** (b) A Masters degree in Landscape Architecture with demonstrable course work in the principles, theories, concepts, methods, and techniques of preserving cultural landscapes, plus a minimum or two (2) years of full-time professional experience applying the theories, methods, and practices of Landscape Architecture that enables professional judgments to be made about the identification, evaluation, documentation, registration, or treatment of historic properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Historic Landscape Architects); or *** (c) A four-year or five-year Bachelors degree in Landscape Architecture, plus a minimum of three (3) years of full- time professional experience applying the theories, methods, and practices of Landscape Architecture that enables professional judgments to be made about the identification, evaluation, documentation, registration, or treatment of historic properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Historic Landscape Architects). (Note:Only persons who are licensed to practice Landscape Architecture in that State may prepare and seal plans and specifications in order to obtain construction permits, authorize payments to contractors, and certify that the work is completed. However, State staff, State Review Board members, and CLG staff or commission members who are not licensed, but who meet the Standard for Historical Landscape Architect under (b) or (c) above, can review proposed and completed work for compliance with the applicable Secretary’s Standards for Tax Act, HPF Grant, Grant, or other related programs.) Historic Landscape Architecture— Academic Background Closely related fields: Landscape Architecture is the typical professional Bachelors degree, which is awarded after successful completion of a four- year or five-year undergraduate program. However, the Bachelors or Masters in Landscape Architecture may not always include historic preservation course work. While the standard Landscape Architecture degree program addresses all general aspects of landscape architectural practice (including design, planning, construction specifications, and professional practice), additional training is needed for Historical Landscape Architects. They may need training in landscape research, documentation, analysis, evaluation, and treatment techniques. This additional training is achieved through additional course work and/or professional experience. Graduate study: The Masters in Landscape Architecture degree is the typical graduate degree, which is awarded after successful completion of a two-year or three-year graduate program. This degree should include studies in the principles, theories, concepts, methods, and techniques of preserving cultural landscapes. Course work may include cultural geography; landscape history; archival research techniques; historic preservation theory, principles, and practice; and preservation technologies. Discipline specialization: Historic Landscape Architecture is a specialization within the broader field of Landscape Architecture. Historical Landscape Architects should have completed training in the principles, theories, concepts, methods, and techniques of preserving cultural landscapes. Cultural landscape preservation focuses on preserving a landscape’s physical attributes, biotic systems, and use (especially when that use contributes to its historical significance). Graduate study and/or professional experience provides the specialized training needed by the Historical Landscape Architect. Applying the Standard for Historical Landscape Architect—Documenting Professional Experience To be licensed by a State Government as a professional Landscape Architect, an individual typically must pass a written exam and successfully fulfill education, training, and experience requirements. In addition, an Historical Landscape Architect must have two years of experience in the application of Landscape Architecture theories, methods, and practices to the identification, evaluation, documentation, registration, or treatment of historic properties in the United States and its Territories. A professional Historical Landscape Architect has both theoretical knowledge and technical skill associated with the preservation of cultural landscapes in accordance with the Secretary’s Standards for Archeology and Historic Preservation. Cultural landscapes include historic sites, historic designed landscapes, historic vernacular landscapes, and ethnographic landscapes. Products and Activities Professional experience and expertise must be documented through ‘‘products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation.’’ Products and activities that meet the appropriate Secretary’s Standards for Archeology and Historic Preservation may include: •Surveys and inventories of cultural landscapes. •Documentation of cultural landscapes that meets the Secretary’s Standards for Documentation. •National Register nominations or Determinations of Eligibility for cultural landscapes. •Cultural Landscape treatment and maintenance plans. •Cultural Landscape Reports. 182 BOULDER CITY HISTORIC PRESERVATION PLAN104 33721Federal Register / Vol. 62, No. 119 / Friday, June 20, 1997 / Notices •Publications, which might include articles in regional, national, or international professional journals, monographs, books, or chapters in edited books about cultural landscape preservation. •Presentations at regional, national, or international professional conferences, symposia, workshops, or exhibits about cultural landscape preservation. •Professional service on boards or committees or regional, national, or international professional organizations concerned with cultural landscape preservation. •Awards, research grants, research fellowships, or invitations to teaching posts associated with cultural landscape preservation. This list is not comprehensive. Furthermore, it should be understood that not all of these products and activities are needed in order to meet the Standard; rather, a combination of several products and activities would be more typical. Historic Preservation Planning; Historic Preservation Professional Qualification Standards Historic Preservation Planning, a specialization within Planning, is the practice of identifying and carrying out particular goals and strategies to protect historic and archeological resources at the local, regional, State, or national level. Standard for Historic Preservation Planner (a) The applicant, employee, consultant, or advisor will have a State Government-recognized certification or license in Land-use Planning, plus, minimum of two (2) years of full-time professional experience applying the theories, methods, and practices of Historic Preservation Planning that enables professional judgments to be made about the identification, evaluation, documentation, registration, protection, or treatment of historic and archeological properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Historic Preservation Planner); or ***. (b) A graduate degree in Planning with demonstrable course work in Historic Preservation, or a graduate degree in a closely related field of study with demonstrable course work in Historic Preservation (see Academic Background for Historic Preservation Planning), plus a minimum of two (2) years of full-time professional experience applying the theories, methods, and practices of Historic Preservation Planning that enables professional judgments to be made about the identification, evaluation, documentation, registration, protection, or treatment of historic and archeological properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Historic Preservation Planner); or ***. (c) An undergraduate degree in Planning with demonstrable course work in Historic Preservation or an undergraduate degree in a closely related field of study with demonstrable course work in Historic Preservation (see Academic Background for Historic Preservation Planning), plus a minimum of four (4) years of full-time professional experience applying the theories, methods, and practices of Historic Preservation Planning that enables professional judgments to be made about the identification, evaluation, documentation, registration, protection, or treatment of historic and archeological properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Historic Preservation Planner). Historic Preservation Planning— Academic Background Closely related fields: Professional Historic Preservation Planners typically receive their education through academic Planning programs, although increasingly Historic Preservation programs are offering Historic Preservation Planning as a concentration in which degrees are awarded. Other fields that may be closely related, provided that training relevant to Historic Preservation Planning is obtained, include Historical or Cultural Geography, Architecture, Urban Design, and Historic Preservation. Discipline specializations: Historic Preservation Planning is a specialization within the broader discipline of Planning. Other specializations include Urban, City, Town, or Community Planning; Regional Planning; Land Use Planning; Environmental Planning; Recreation Planning; Transportation Planning; and Housing Planning. Applying the Standard for Historic Preservation Planner—Documenting Professional Experience In order to receive a license or be registered or certified as a professional Planner, an individual typically must pass a written exam and have completed a specified number of years of experience. A professional Historic Preservation Planner typically has gained experience in data collection and analysis; survey and evaluation of existing conditions; consultation with elected and appointed officials and the general public; identification of alternative strategies; enforcement or administration of relevant statutes and regulations; and the preparation of planning documents. Products and Activities Professional experience and expertise must be documented through ‘‘products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation.’’ Products and activities that meet the appropriate Secretary’s Standards for Archeology and Historic Preservation may include: •Preservation plans adopted by government officials; and/or results of preservation planning studies incorporated into the local comprehensive or master plan. •Ordinances for the protection of historic and/or archeological resources. •Economic Feasibility Studies that make recommendations for preserving historic or archeological properties. •Publications, which might include articles in regional, national, or international professional journals, monographs, books, or chapters in edited books, related to preservation planning. •Presentations at regional, national, or international professional conferences, symposia, workshops, or exhibits related to preservation planning. •Professional service on boards of committees or regional, national, or international professional organizations concerned with preservation planning. •Planning awards received from local, regional, national, or international professional organizations. This list is not comprehensive. Furthermore, it should be understood that not all of these products and activities are needed in order to meet the Standard; rather, a combination of several products and activities would be more typical. If the applicant were documenting professional experience in one of the specializations, however, the 183 NEVADA PRESERVATION FOUNDATION 105 33722 Federal Register / Vol. 62, No. 119 / Friday, June 20, 1997 / Notices majority of products and activities would naturally reflect that specialization. Historic Preservation; Historic Preservation Professional Qualification Standards Historic Preservation is the application of strategies that promote the identification, evaluation, documentation, registration, protection, treatment, continued use, and interpretation of prehistoric and historic resources. Standard for Historic Preservationist (a) The applicant, employee, consultant, or advisor will have a graduate degree in Historic Preservation or a closely related field of study (see Academic Background for the Historic Preservation discipline), plus a minimum of two (2) years of full-time professional experience applying the theories, methods, and practices of Historic Preservation that enables professional judgments to be made about the identification, evaluation, documentation, registration, or treatment of historic and prehistoric properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Historic Preservationists); or * * *. (b) An undergraduate degree in Historic Preservation or a closely related field of study (see Academic Background for the Historic Preservation discipline), plus a minimum of four (4) years of full-time professional experience applying the theories, methods, and practices of Historic Preservation that enables professional judgments to be made about the identification, evaluation, documentation, registration, or treatment of historic and prehistoric properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Historic Preservationists). Historic Preservation—Academic Background Closely related fields: Various fields of study may be considered closely related to Historic Preservation, such as American Studies, Architecture, Architectural History, Archeology, History, and Historical or Cultural Geography, provided that such programs of study include course work in the history of the designed environment, history and theory of preservation, historic preservation methods, techniques, and legislation (Federal, State and local), plus a formal supervised practicum or internship for hands-on application of knowledge and technical skills in the field. Discipline specializations: While most Historic Preservationists tend to be generalists, many specialize in such areas as Architectural, Landscape, and Community Design, Historic Building Technology, Preservation Economics, Preservation Law, Historic Preservation Planning, and Site Interpretation and Management. Applying the Standard for Historic Preservationist—Documenting Professional Experience A professional Historic Preservationist typically has experience that demonstrates a well-grounded understanding of the principles, practices, laws and regulations, and diverse resources of historic preservation. Products and Activities Professional experience and expertise must be documented through ‘‘products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation of historic or archeological resources.’’ Products and activities that meet the appropriate Secretary’s Standards for Archeology and Historic Preservation may include: •National Register documentation that has resulted in property listings or Determinations of Eligibility. •Survey reports assessing the significance of historic properties. •Historic Structure Reports. •Adaptive reuse plans or feasibility studies that make recommendations for preserving historic properties. •Written opinions that have been accepted that assess the impact that an undertaking will have on historic or archeological properties. •Historic District Ordinances that have been adopted by a local government. •Documentation that meets HABS/ HAER standards for recording historic properties. •Publications, which might include articles in regional, national, or international professional journals, monographs, books, or chapters in edited books, related to historic preservation. •Presentations at regional, national, or international professional conferences, symposia, workshops, or exhibits related to historic preservation. •Professional service on boards or committees or regional, national, or international professional organizations concerned with historic preservation. •Awards, research grants, research fellowships, or invitations to teaching posts. This list is not comprehensive. Furthermore, it should be understood that not all of these products and activities are needed in order to meet the Standard; rather, a combination of several products and activities would be more typical. If the applicant were documenting professional experience in one of the specializations, however, the majority of products and activities would naturally reflect that specialization. History; Historic Preservation Professional Qualification Standards History is the study of the past through written records, oral history, and material culture and the examination of that evidence within a chronological or topical sequence in order to interpret its relationship to preceding, contemporary and subsequent events. Standard for Historian (a) The applicant, employee, consultant, or advisor will have a graduate degree in History or a closely related field of study (see Academic Background for History), plus a minimum of two (2) years of full-time professional experience applying the theories, methods, and practices of History that enables professional judgments to be made about the identification, evaluation, documentation, registration, or treatment of historic properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Historians); or*** (b) An undergraduate degree in History or a closely related field of study (see Academic Background for History), plus a minimum of four (4) years of full-time professional experience applying the theories, methods, and practices of History that enables professional judgments to be made about the identification, evaluation, documentation, registration, or treatment of historic properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the 184 BOULDER CITY HISTORIC PRESERVATION PLAN106 33723Federal Register / Vol. 62, No. 119 / Friday, June 20, 1997 / Notices practice of historic preservation (see Documenting Professional Experience for Historians). (Note:Pursuant to 36 CFR part 61 a person meeting this Standard is required as part of the core staff for each State Historic Preservation Office (SHPO) and as part of each State Review Board. Expertise described by this standard is also needed for Tribal Preservation Office staff or consultants of tribes that have executed a Memorandum of Agreement to implement Section 101(d) of the National Historic Preservation Act. It also may be needed for consultants hired with HPF grant funds and for members of Certified Local Government Commissions.) History—Academic Background Closely related fields: For this Standard, the professional degree is typically awarded in History, American History, or Public History. Relevant training can be obtained in programs of American Studies, American Civilization, Historical or Cultural Geography, Anthropology, Ethnohistory, and Historic Preservation, providing that course work is offered in historical research methods and techniques. Education in the social and cultural history of countries other than North America may be relevant when dealing with the histories of immigrant, ethnic or minority groups in the United States. Discipline specializations: Professional Historians tend to concentrate their education and experience in one of the many chronological, regional, and topical specializations within American History (such as colonial history, southern history, community history, women’s history, military history, history of technology, or industrial history). Applying the Standard for Historian— Documenting Professional Experience A professional Historian has experience in archival and primary documents research, evaluating and synthesizing this information, and preparation of scholarly narrative histories. Historic research experience in countries other than North America may be relevant when researching the histories of immigrant, ethnic or minority groups in the United States of America. Products and Activities Professional experience and expertise must be documented through ‘‘products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation.’’ Products and activities that meet the appropriate Secretary’s Standards for Archeology and Historic Preservation may include: •National Register documentation that has resulted in property listings or Determinations of Eligibility. •Documentation that meets HABS/ HAER standards for recording historic properties. •Survey reports assessing the significance of historic properties. •Publications, which might include articles in regional, national, or international professional journals, monographs, books, or chapters in edited books, related to documenting and evaluating the significance of historic properties. •Presentations at regional, national or international professional conferences, symposia, workshops, or exhibits related to documenting and evaluating historic properties. •Professional service on boards or committees of regional, national, or international professional organizations concerned with documenting and evaluating the significance of historic properties. •Awards, research grants, research fellowships, or invitations to teaching posts. This list is not comprehensive. Furthermore, it should be understood that not all of these products and activities are needed in order to meet the Standard; rather, a combination of several products and activities would be more typical. If the applicant were documenting professional experience in one of the specializations, however, the majority of products and activities would naturally reflect that specialization. Sources of Additional Information— Professional Organizations The following organizations may be contacted to request additional information about the specific disciplines, college and university departments, workshops, and conferences and publications about the practice of each discipline. American Anthropological Association, 4350 North Fairfax Drive, Suite 630, Arlington, VA 22203–1621 American Association of Museums, P.O. Box 4002, Washington, D.C. 20042–4002 American Association for State Federal and Local History, 530 Church Street, Suite 600, Nashville, TN 37219–2325 American Cultural Resources Association, c/o New South Associates, 6150 Ponce de Leon Avenue, Stone Mountain, GA 30083 American Folklife Center, Library of Congress, Washington, D.C. 20540–8100 American Historical Association, 400 A Street, SE., Washington, D.C. 20003 American Institute for the Conservation of Historic & Artistic Works, 1717 K Street, NW., Suite 301, Washington, D.C. 20006 American Institute of Architects, 1735 New York Avenue, NW., Washington, D.C. 20006 American Institute of Certified Planners, 1776 Massachusetts Avenue, NW., Washington, D.C. 20036 American Planning Association, 122 S. Michigan Avenue, Suite 1200, Chicago, IL 60603–6107 American Society of Civil Engineers, 1801 Alexander Bell Drive, Reston, VA 20191– 4400 American Society of Landscape Architects, 4401 Connecticut Avenue, NW.,Washington, D.C. 20008–2302 American Society of Mechanical Engineers, P.O. Box 2900, Fairfield, NJ 07007–2900 American Studies Association, 1120 19th Street, NW., Suite 301, Washington, D.C. 20036 Association for Preservation Technology, P.O. Box 3511, Williamsburg, VA 23187 Association of American Geographers, 1710 16th Street, NW., Washington, D.C. 20009 Center for Museum Studies, Smithsonian Institution, Arts and Industries Building, Suite 2235, MRC, 427, Washington, D.C. 20560 The Institute for Electrical and Electronic Engineers, 445 Hoes Lane, Piscataway, NJ 08855–1331 National Council on Preservation Education, c/o Center for Historic Architecture and Engineering, University of Delaware, Newark, DE 19716 National Council on Public History, 327 Cavanaugh Hall-IUPUI, 425 University Blvd., Indianapolis, IN 46202–5140 National Society of Professional Engineers, 1420 King Street, Alexandria, VA 22314– 2794 National Trust for Historic Preservation, 1785 Massachusetts Avenue, NW., Washington, D.C. 20036 Organization of American Historians, 112 North Bryan Street, Bloomington, IN 47408–4199 Society for American Archaeology, 900 2nd Street, NE., Suite 12, Washington, D.C. 20002 Society for Applied Anthropology, P.O. Box 24083, Oklahoma City, OK 73124 Society of Architectural Historians, Charnley- Persky House, 1365 North Astor Street, Chicago, IL 60610–2144 Society for Historical Archeology, P.O. Box 30446, Tucson, AZ 85751 Society of Professional Archeologists, Department of Anthropology, Southern Methodist University, Dallas, TX 75275 Dated: June 12, 1997. Katherine H. Stevenson, Associate Director, Cultural Resource Stewardship and Partnerships, National Park Service. [FR Doc. 97–16168 Filed 6–19–97; 8:45 am] BILLING CODE 4310–70–P 185 NEVADA PRESERVATION FOUNDATION 107 THIS PAGE LEFT INTENTIONALLY BLANK 186 BOULDER CITY HISTORIC PRESERVATION PLAN108 APPENDIX G 187 NEVADA PRESERVATION FOUNDATION 109 188 BOULDER CITY HISTORIC PRESERVATION PLAN110 189 NEVADA PRESERVATION FOUNDATION 111 190 BOULDER CITY HISTORIC PRESERVATION PLAN112 191 NEVADA PRESERVATION FOUNDATION 113 192 BOULDER CITY HISTORIC PRESERVATION PLAN114 193 NEVADA PRESERVATION FOUNDATION 115 194 BOULDER CITY HISTORIC PRESERVATION PLAN116 4XBO'BMMT%BNBOE1PXFS1MBOU .VSQIZWJDJOJUZ "EB$PVOUZ *EBIP 4JHOJGJDBOUXPSLTPGFOHJOFFSJOHDBO RVBMJGZV OEFS$SJUFSJPO&#VJMUCFUXFFO UIF4XBO'BMMT%BNBOE1PXFS1MBOUBDSPTTUIF4OBLF3JWFSLVPOF PGUIFFBSMZ IZESPFMFDUSJDQMBOUTJO UIF4UBUFPG*EBIP 1IPUPCZ)-)PVHI -PPOFZ)PVTF "TIFWJMMFWJDJOJUZ 4U$MBJS$PVOUZ "MBCBNB&YBNQMFTPG WFSOBDVMBSTUZMFTPGBSDIJUFDUVSFDBORVBMJGZVOEFS$SJUFSJPO&#VJMUDB UIF -PPOFZ)PVTFJTTJHOJGJDBOUBTQPTTJCMZUIF4UBUFh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t t t "/BUJWF"NFSJDBOJSSJHBUJPO TZTUFNNPEJGJFEGPSVTFCZ &VSPQFBOTDPVMECFFMJHJCMFJG JUJMMVTUSBUFTUIFUFDIOPMPHZPG FJUIFSPSCPUIQFSJPETPGDPO TUSVDUJPO "OFBSMZUIDFOUVSZGBSN IPVTFNPEJGJFEJOUIFT XJUI2VFFO"OOFTUZMFPSOB NFOUBUJPODPVMECFTJHOJGJDBOU GPSUIFNPEJGJDBUJPOJUTFMG JGJU SFQSFTFOUFEBMPDBMWBSJBUJPO PSTJHOJGJDBOUUSFOEJOCVJMEJOH DPOTUSVDUJPOPSSFNPEFMMJOH XBTUIFXPSLPGBMPDBMNBTUFS TFF8PSLT PGB.BTUFSPOQBHF PSSFGMFDUFEUIFUBTUFTPGBO JNQPSUBOUQFSTPOBTTPDJBUFE XJUIUIFQSPQFSUZBUUIFUJNFr PGJUTBMUFSBUJPO "EJTUSJDUFODPNQBTTJOHUIF DPNNFSDJBMEFWFMPQNFOUPGB UPXOCFUXFFOBOE DIBSBDUFSJ[FECZCVJMEJOHTPG WBSJPVTTUZMFTBOEFSBT DBOCF FMJHJCMF 195 NEVADA PRESERVATION FOUNDATION 117 196 BOULDER CITY HISTORIC PRESERVATION PLAN118 197 NEVADA PRESERVATION FOUNDATION 119 198 BOULDER CITY HISTORIC PRESERVATION PLAN120 199 NEVADA PRESERVATION FOUNDATION 121 200 BOULDER CITY HISTORIC PRESERVATION PLAN122 APPENDIX H Boulder City Master Plan Notes The Boulder City Master Plan lays out the principles, policies, and goals for the long-range planning needs of the community, including urban growth and annexation, use and development of land, preservation of open spaces, and the expansion of public facilities and services. In this appendix, we examine those planning policies that intersect with historic preservation practices and provide notes to amend said policies to better support historic preservation initiatives in Boulder City. It is strongly recommended that any future updated to the Master Plan include the guidance of an architectural historian who meets the Secretary of Interior’s (SOI) Professional Qualifications to provide a thorough review of the policies and recommendations following SOI Standards. Chapter 3: Growth Management (GM) GM Policy 1: City’s Role in Managing Growth The city shall strive to achieve a balance between new, outward growth and redevelopment within established areas of the community, in accordance with the direction of the voters. In addition, the city shall continue to participate in ongoing efforts to address regional growth management issues through its involvement with the Regional Planning Coalition and shall amend its regulations as appropriate to comply with future intergovernmental policies adopted by the Coalition. GM Policy 4: Infill and Redevelopment Infill and redevelopment within established areas of the city is encouraged where deteriorated or obsolete structures have become detrimental to an area, where new uses can be accommodated on vacant properties, within the Redevelopment Area Boundary, and in other areas outside the Redevelopment Area Boundary that have been specifically identified for redevelopment. Projects may range in size from a single residential lot to the redevelopment of multiple contiguous blocks within a neighborhood or commercial area. Regardless of its scale, infill and redevelopment shall be designed in a manner that is sensitive to and reflects the character of the surrounding area. Important design considerations include building scale, mass, roof form, height, and orientation, parking location, lot coverage, architectural character, and landscape elements. These design considerations are particularly important when infill or redevelopment occurs within or adjacent to an established residential neighborhood, an area of historic significance, or when a change in use or intensity would otherwise negatively impact the established character of the surrounding area. The city shall review and consider revision of its development code to remove impediments to infill and redevelopment where appropriate, through adjustments to parking requirements, setbacks, lot size, and other regulations to facilitate more intense development patterns. The 201 NEVADA PRESERVATION FOUNDATION 123 city shall amend the policies of this Master Plan as appropriate to comply with future infill policies adopted by the Regional Planning Coalition. Chapter 4: Land Use Residential (R) – All Categories R Policy 1: Variety of Housing Styles The incorporation of a variety of housing types and models, sizes, and price ranges in new neighborhoods is strongly encouraged to provide diverse housing options for Boulder City residents and avoid monotonous streetscapes. R Policy 4: Infill and Redevelopment Infill and redevelopment within established areas of the city is generally encouraged where deteriorated or obsolete structures have become detrimental to an area, where new uses can be accommodated on vacant properties, and in areas that have been specifically identified for redevelopment. Residential infill and redevelopment shall be designed in a manner that is sensitive to and reflects the character of the surrounding neighborhood. Important design considerations include building scale, mass, roof form, height, and orientation, parking location, lot coverage, architectural character, and landscape elements. Low-Density Residential (LDR) LDR Policy 1: Characteristics The Low-Density Residential designation shall incorporate a mixture of single-family homes located in a neighborhood setting, in combination with compatible non-residential land uses such as educational facilities, churches, schools, and public and private parks and recreational facilities. Appropriate housing types may include single-family detached and manufactured homes on lots of varying sizes. 1. Preservation Note: The Boulder City Historic District already possesses many of these characteristics and could be used as a guide for future development. 202 BOULDER CITY HISTORIC PRESERVATION PLAN124 Medium-Density Residential (MDR) MDR Policy 3: Location Medium Density Residential neighborhoods should be located close to arterial streets and be bounded by collector streets where possible, with a direct connection to work, shopping, and leisure activities. Central Business District (CBD) CBD Policy 1: Characteristics The Central Business District designation is a special purpose designation for Boulder City’s downtown and historic center. The area, focused along Nevada Way between Wyoming Street and Colorado Street, has a unique historic character and importance to the broader community. The area has traditionally consisted of a variety of civic, retail, commercial, and office uses in a compact, pedestrian-friendly setting central to the city’s historic neighborhoods. CBD Policy 2: Mix of Uses A mix of retail, restaurants, employment, commercial, office, and civic uses should continue to be encouraged in the downtown. Retail and restaurant use should be encouraged at the street level to promote pedestrian activity and vitality, particularly along Nevada Way through downtown. CBD Policy 3: Infill and Redevelopment Infill and redevelopment that is in keeping with the historic character and scale of downtown is strongly encouraged to utilize vacant or underutilized sites and enhance its vitality. CBD Policy 4: Renovation and Reuse The renovation and reuse of existing older underutilized structures, particularly along Nevada Way within the downtown, is strongly encouraged. 2. Preservation Note: Medium-Density Residential should be placed and designed carefully when in proximity to Old Town. Such residential structures should not be designed to look as if they are from the same era. Instead, they should be designed to be compatible in form and massing, while clearly new. 203 NEVADA PRESERVATION FOUNDATION 125 CBD Policy 5: Conversion or Addition of Upper Floors Where second floors above retail storefronts exist, conversion of these floors to office or residential uses is strongly encouraged to reinforce the variety and vitality of the downtown environment and increase housing options. The addition of second floors to existing one-story structures is also encouraged. Second floor additions should incorporate porticos at the ground level, where appropriate, to provide shade for pedestrians and add visual interest to the streetscape. Porticos also help minimize the bulk and height of the additional story at the street level, helping preserve the traditional, pedestrian-friendly scale of the downtown. CBD Policy 6: Outdoor Seating The provision of outdoor dining and seating areas along the sidewalk edge is strongly encouraged to create activity along the street and increase the overall vitality of the downtown. CBD Policy 7: Street-Level Uses Active, visible uses that encourage pedestrian activity, such as restaurants or retail storefronts, are most appropriate as first floor uses. Offices, residential, or other uses that typically are “closed off” from the street and lend little to the pedestrian atmosphere should be encouraged as upper floor uses in retail areas, or in secondary locations that are not located in major pedestrian traffic areas. 4. Preservation Note: Alterations and additions to historic buildings should be done with the utmost care. Second stories should be stepped back and not visible from the street level. The addition of porticos is particularly difficult, unless it is the reconstruction of an original portico that had been demolished. There are alternatives to porticos that will not undermine the historic integrity of these buildings. NPS Preservation Brief 14 provides guidance on additions for historic buildings. 3. Preservation Note: Renovation of historic structures should be undertaken by relying upon the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Preservation Briefs 11 and 16 provide guidance for the renovation of historic storefronts and the use of non-historic materials, respectively. 204 BOULDER CITY HISTORIC PRESERVATION PLAN126 CBD Policy 8: Porticos Porticos are a defining feature of many historic structures in the Central Business District and contribute to the unique character of the area. The addition of porticos is encouraged, where appropriate, to provide shade for pedestrians and to further enhance the character of the Central Business District. CBD Policy 9: Parking Design and Location New surface and structured parking should be sited and designed in a manner that is compatible with the historic character of the downtown and its surrounding neighborhoods. To the extent feasible, off-street parking areas should be located behind structures. Off-street, surface parking is discouraged along the Nevada Way frontage within downtown. Parking structures should exhibit a level of architectural detail that is equal to that found on adjacent structures along the block. Community Commercial (CC) CC Policy 4: Architectural Character Neighborhood centers shall be designed to be compatible with and sensitive to surrounding residences. Building materials and architectural detailing should be compatible with and reflect the character of the surrounding neighborhood. Building heights and scale should be similar to surrounding residences. 5. Preservation Note: The creation of features, such as porticos, that were not originally included in the building should be avoided. There are alternatives that can create the desired shade without undermining a building’s historic integrity. 6. Preservation Note: Many of these buildings will be part of a historic district in the future. Renovation and reuse should be sensitive to these future historic buildings and strive to maintain original historic features. This also applies to MU-CO Policy 4: Unified Architectural Character. 205 NEVADA PRESERVATION FOUNDATION 127 Mixed Use Commercial/Office (MU-CO) MU-CO Policy 4: Unified Architectural Character Buildings within a Mixed-Use Commercial/Office setting should have a unified architectural character achieved using similar elements, such as rooflines, materials, colors, signage, landscaping and screening and other architectural and site layout details. Parks and Recreation (PR) PR Policy 2: Characteristics The Parks and Recreation designation includes areas intended to provide for the active and passive recreation needs of the community, including public and private parks, ball fields, golf courses, and natural open spaces. Open Lands (OL) OL Policy 2: Location Open lands are primarily located outside of the city’s urbanized area but may also be located within neighborhoods or other areas of the city where development is not desirable due to steep slopes, poor soil conditions, or other environmental constraints. Public/Quasi-Public (P) P Policy 2: Location Depending upon their compatibility with surrounding land uses, public and quasi-public uses will be allowed in all areas of the city. Siting will be determined through the city’s land use review procedures. Public and quasi-public facilities should be accessible by the population served. Chapter 5: Public Facilities PF Policy 3: Sustainable Funding of Public Facilities and Services The city should identify and pursue all practical and equitable ways to fund the capital improvement projects necessary to serve existing and future development. City funds should be leveraged and fully supplemented to maximize limited resources. The primary objective of the city will be to provide and maintain adequate public facilities and utility services and reliable funding to protect investment in existing facilities and ensure appropriate levels of service. The city should explore the use of impact fees to help share the cost of providing public facilities and services with developers when considering large land sales. The city’s plans and standards shall be revised as appropriate to comply with future standards adopted at a regional level. 206 BOULDER CITY HISTORIC PRESERVATION PLAN128 Chapter 6: Parks and Recreation PR Policy 1: Extension of Regional Trail Network The city should continue ongoing coordination with representatives from Clark County, Henderson, Las Vegas, the Bureau of Land Management, the Bureau of Reclamation, the Lake Mead National Recreation Area, and other regional partners on the extension of the River Mountains Loop Trail and other regional trail opportunities. The city should continue to pursue outside funding sources for future regional trail connections, such as grant monies available through the Southern Nevada Public Land Management Act. Chapter 7: Natural Resources Conservation NRC Policy 6: Conservation of Raw Materials The city should continue to promote the conservation of raw materials by promoting efforts to adapt existing buildings for new uses, rather than destroying them, and by reducing per capita residential solid waste delivered to the city’s landfill through ongoing recycling programs. NRC Policy 7: Land Conservation The city should continue to promote land conservation through the promotion of infill and redevelopment where services and infrastructure are already in place and by adopting construction practices in new developments that minimize disturbance of the land, such as steep slope protection. NRC Policy 8: Sensitive Lands Protection The city’s regulations shall be amended to comply with future sensitive lands protection standards at the time of adoption by the Regional Planning Coalition. 7. Preservation Note: The notion that replacing an existing building with a new one is less expensive has been found by multiple studies to be a myth. In most cases it is less expensive to work with an existing building, especially considering the large public expenditure behind existing public facilities. 207 NEVADA PRESERVATION FOUNDATION 129 Chapter 8: Regional Coordination RC Policy 2: Regional Coordination The city shall coordinate its land use goals and policies with those set forth by other governmental agencies within the region, such as the City of Henderson, State of Nevada, Nevada Department of Transportation, Clark County, and the Clark County School District, and identify areas requiring ongoing collaboration and cooperation. RC Policy 3: Federal Agency Coordination The city shall coordinate with Federal Agencies, including the Bureau of Land Management, Western Area Power Administration, and National Park Service, whose land holdings are adjacent to the city to minimize land use conflicts, identify opportunities for shared recreational access or amenities, and to ensure that future plans for federal landholdings are mutually compatible with the goals and policies of this Master Plan. Chapter 9: Transportation and Mobility TM Policy 2: Interconnected Neighborhood and Street and Sidewalk Patterns Neighborhood streets and sidewalks in both new and existing areas should be designed to form an interconnected network, including vehicular, bicycle, and pedestrian routes within and between neighborhoods, to connect neighborhoods together and with other parts of the community and region. In particular, direct walkway and bicycle routes to schools, parks, employment and service centers, and other community facilities should be provided. Cul-de- sacs and other dead end streets should be discouraged unless necessitated by site constraints or incompatibilities with adjacent land uses. Chapter 10: Housing and Neighborhoods HN Policy 1: Stabilize and Protect Historic Neighborhoods The city shall work with residents to stabilize and protect historic neighborhoods. The city should explore programs to address the ongoing maintenance and preservation of existing housing stock, and the preservation of neighborhood characteristics and historic features that contribute to the neighborhood’s identity, such as the appearance of its traditional streetscape. Potential programs should encourage the rehabilitation of existing homes by making low-cost 8. Preservation Note: Existing historic streets, bicycle routes, and walkways should not be reconfigured, except in life/safety circumstances. The configuration of historic neighborhoods is an integral part of historic integrity. 208 BOULDER CITY HISTORIC PRESERVATION PLAN130 loans and other incentives available to qualified homeowners. Consideration should also be given to adoption of development standards for infill and redevelopment projects, remodeling, and additions to existing structures so they achieve compatibility with existing neighborhood scale and character. HN Policy 2: Promote Residential Infill Development The city should encourage residential infill development and redevelopment as a means of increasing the variety of housing types available. Infill and redevelopment may be appropriate on vacant or underutilized parcels where infrastructure and services are readily available, within the Redevelopment Area Boundary, or where it would foster the stabilization or revitalization of an existing neighborhood. Infill and redevelopment should be sensitive to the established character of the surrounding neighborhood. Infill means the development of new housing or other buildings on scattered vacant sites in a built-up area. Redevelopment means the replacement or reconstruction of buildings that are in substandard physical condition, or that do not make effective use of the land on which they are located. The city shall consider revision of its development code to remove impediments to infill and redevelopment where appropriate, through adjustments to parking requirements, setbacks, lot size, and other regulations to facilitate more intense development patterns. The city shall amend the policies of this Master Plan as appropriate to comply with future infill policies adopted by the Regional Planning Coalition. HN Policy 4: Facilitate Neighborhood-Level Planning Efforts The city should continue to work with neighborhood organizations and residents on an as- needed basis to facilitate neighborhood-level planning efforts that respond to specific neighborhood issues and concerns. 9. Preservation Note: Great care should be taken in deciding to demolish a historic structure. It is almost never cost effective to demolish and rebuild. Additionally, reconstruction of historic structures should only be done for interpretive purposes. All other reconstructions create a false sense of community history. Infill should take care to match the size and massing of those structures around it. It should look new and not attempt to build a false history through reproduction. 209 NEVADA PRESERVATION FOUNDATION 131 HN Policy 5: Phased Developments Due to the constraints of the Growth Control Ordinance, development in future growth areas, such as the Old Airport Subarea, will likely occur in phases over time. During the development review process, the city should ensure that new developments are compatible with adjoining neighborhoods and that appropriate connections are provided. Key considerations should include the identification of future roadway connections, pedestrian, park and open space linkages, and transitions between land uses or developments of varying intensities. HN Policy 6: Affordable Housing State Law, pursuant to NRS 278.150.4 and 278.160.1(e) as amended in 2007, requires that all cities located within a county with a population of over 400,000 persons address certain elements within their housing plans. Assembly Bill 439 of the 2007 session of the Nevada Legislature further requires that these cities address at least six of twelve measures to address the subject of affordable housing. Chapter 11: Historic Preservation HP Policy 1: Protect Historic Resources The City should continue to work with the community to protect its historic resources for the enjoyment of future generations by encouraging the adaptive reuse of historic buildings, providing improvement assistance to property owners located within the Redevelopment Area, and taking the necessary steps to appoint a Cultural Resources Commission (in accordance with Title 11, Chapter 27 of Boulder City Code). The city should also consider the establishment of design guidelines for historic properties to address exterior alterations of contributing 10. Preservation Note: Providing a means for a neighborhood to undertake a grassroots initiative to obtain local historic designation is one example of neighborhood-level planning projects. 11. Preservation Note: Older and historic resources are often excellent candidates for affordable housing. They are often smaller, have lower utility costs, and more affordable property taxes. Fostering preservation and maintenance of older and historic resources helps to maintain the stock of affordable housing. 210 BOULDER CITY HISTORIC PRESERVATION PLAN132 properties and all new construction within the existing Historic District and any future historic overlay districts. Guidelines should address exterior design elements and characteristics, such as building materials, massing, scale, proportion of window and door openings, ornamental features, orientation and relative position of buildings, landscape character, as well as roof forms, textures, character of signage, window and door types, and other details deemed essential to the integrity of the architectural styles represented in the District. HP Policy 3: Promote Historic Preservation Efforts The CRC, upon appointment, should work with the City and community groups to increase community awareness of the purpose and value of historic preservation, including awareness of incentives available to assist property owners and businesses in the preservation and restoration of historic properties in the City. HP Policy 4: Stabilize and Protect Historic Neighborhoods The City shall work with residents to stabilize and protect historic properties and neighborhoods not eligible for protection within a Historic Overlay District. Programs should address ongoing maintenance and preservation of existing housing stock, and the preservation of neighborhood characteristics and historic features that contribute to the neighborhood’s identity, such as the appearance of its traditional streetscape. HP Policy 5: Protect Archaeological Resources In addition to the historical significance of Boulder City, land bordering the Lake Mead National Recreation Area on the far eastern portion of the City may be archaeologically sensitive. An archaeological survey by the State Division of Historic Preservation and Archeology should be undertaken before land in this area is considered for development. Chapter 12: Urban Design UD Policy 2: Historic Landscapes The landscaped grounds surrounding the city’s institutional structures represent an important component of its history and are a source of community pride. The city should ensure that the restoration and ongoing maintenance of these historic landscapes remains a priority. As part of these efforts, the city should consider adopting historic landscape guidelines that would be applicable to properties within the Historic Overlay District to maintain a more traditional landscape character. UD Policy 3: Urban Forestry The city should continue to support and expand its urban forestry programs, including its street tree planting and initiatives, and memorial tree fund. Incentives for tree replacement in historic residential neighborhoods should be considered to promote the restoration of Boulder City’s 211 NEVADA PRESERVATION FOUNDATION 133 original street tree canopy and to ensure that replacement species are disease resistant and are well-suited to a desert climate. Chapter 13: Arts and Culture AC Policy 1: Cultivating the Arts The city should support the promotion of Boulder City as a flourishing artistic community by helping build a coalition among interested stakeholders, including city agencies; arts, cultural and scientific organizations; educational institutions; foundation and corporate financiers; and local businesses. AC Policy 2: Economic Development and the Arts The city should encourage the integration of arts and culture into its economic development activities by including artistic and cultural organizations, institutions, and businesses in business recruitment and retention efforts. In addition, arts and cultural activities should be incorporated into economic development and marketing efforts that seek to promote Boulder City as a business and tourism destination. Chapter 14: Economic Development ED Policy 1: Retention of Existing Businesses The city should encourage the retention and expansion of businesses in industries historically important to Boulder City, including small business, tourism, and state, local and federal government. The city should continue to foster communication and coordination between local businesses and the city to address the policies of this Master Plan. 12. Preservation Note: Architectural appreciation and education are important components of the arts. Working to foster ongoing heritage tourism offerings around historic architecture is an important piece in building up an arts community. 13. Preservation Note: Small businesses are more likely to be located in historic buildings. Encouraging small businesses and supporting their efforts simultaneously supports the use and maintenance of the historic buildings that house them. 212 BOULDER CITY HISTORIC PRESERVATION PLAN134 ED Policy 2: Tourism The city should continue to work with the Boulder City Chamber of Commerce, Nevada Tourism Commission, and other groups to promote and strengthen Boulder City as a destination for regional visitors as well as out-of-state tourists. The following efforts should be considered: x Provide high-quality information and accommodations to visitors. x Expand the role of the performing and visual arts in the city’s economy. x Continue efforts to enhance community gateways and increase visibility with entryway features and signage. x Expand marketing to Las Vegas and Henderson residents as a nearby “getaway” destination. x Improve and increase the community’s selection of visitor amenities, such as hotels/motels, retail shops, and restaurants. x Expand marketing of activities and special events such as Art in the Park, BMX races, the Lake Mead boat Christmas parade, and others to increase awareness of Boulder City and to promote visitation; and x Increase regional and national awareness of year-round attractions such as the Bootleg Canyon mountain bike trails and other amenities. ED Policy 3: Encourage Infill and Redevelopment The city should encourage infill and redevelopment activities in targeted areas of the community as a means of spurring reinvestment, stabilizing declining or underutilized properties, and reducing the need to expand the community’s boundaries in the future. Emphasis should be placed on the Central Business District, the Highway 93 corridor (Uptown), the city’s manufacturing district, and other areas within the Redevelopment Area boundary. 14. Preservation Note: Heritage tourists on average spend more than any other type of tourist. They also stay longer, travel in larger groups, and are more likely to become return tourists. Expanding heritage tourism – especially given the immense history of Boulder City – could be a significant means of economic development. 213 NEVADA PRESERVATION FOUNDATION 135 ED Policy 6: Retention and Expansion of Government Agency Offices The city should work with representatives from local, state, and federal agencies to encourage the retention and expansion of agency offices and facilities in the city. Efforts should focus on ensuring that the long-term space needs of these agencies can be addressed within Boulder City, and on encouraging the attraction of other government agencies as appropriate. 15. Preservation Note: Infill and redevelopment in the Central Business District and other historic areas should not attempt to recreate the past. Residents and tourists prefer authentic historic spaces.A sensitive mix of historic and modern buildings following the Secretary of the Interior’s standards for the Treatment of Historic Properties do not detract from an area’s authenticity. 214 BOULDER CITY HISTORIC PRESERVATION PLAN136 APPENDIX I 2 3 What is a Historic Preservation Easement? A historic preservation easement is a voluntary legal agreement, typically in the form of a deed, which per- manently protects a signifi cant historic property. Since it is a perpetual easement, an owner is assured that the property’s historic character will be preserved. In addi- tion, an owner who donates an historic preservation easement may be eligible for one or more forms of tax benefi ts. Under the terms of a typical preservation easement, a property owner places restrictions on the development of, or changes to, the property and transfers these restrictions to a qualifi ed organization whose mission includes environmental protection, land conservation, open space preservation, or historic preservation. The organization must have the resources to manage and enforce the restrictions provided for in the easement and have a commitment to do so. Once recorded, the easement restrictions become part of the property’s chain of title and “run with the land” in perpetuity, thus binding not only the owner who grants the easement but all future owners as well. Preservation easements in some states may also be called preservation “restric- tions,” “covenants,” or “equitable servitudes.” Benefi ts of Donating An Easement An easement is a particularly useful and fl exible historic preservation tool. It allows a property owner to retain private ownership of the property while insuring that the historic character of the property will be preserved. Within certain statutory and regulatory constraints, easements can be tailored to meet the needs of the property owner, the individual resource, and the mission of the protecting organization. If certain criteria are met, the owner may be eligible for a Federal income tax deduction for the value of the easement, and Federal estate taxes also may be re- duced. In addition, many State tax codes provide state tax benefi ts for conservation easement contributions where a reduction in the value of a property occurs. There may also be local tax benefi ts where property tax assessment is based on a property’s highest and best use. Since the rules are complex, property owners interested in the potential tax benefi ts of an easement A comprehensive conservation and preservation easement protects the Cambus-Kenneth Farm in Danville, KY. © National Trust for Historic Preservation. donation should consult with their accountant or tax attorney. Easement Restrictions A conservation easement gives the organization to which it is conveyed the legal authority and responsibili- ty to enforce its terms. This includes the right to inspect the property to ensure that the owner is complying with the terms of the easement. Historic preservation ease- ments typically prohibit an owner from demolishing the historic building(s) and from making changes that are inconsistent with the historic character of the prop- erty. Proposed alterations to the property may require prior approval from the easement holding organiza- tion. Restrictions on subdividing and developing the property are common as well. To be tax deductible, a preservation easement generally cannot be amended. If the restrictions apply only to the exterior of a building, future alterations to the interior do not require approval by the easement-holding organization, as long as the alterations do not affect the building’s exterior appear- ance or structural integrity. Potential Tax Benefi ts When an owner donates an easement in accordance with Federal and State rules to a qualifi ed charitable or governmental organization, the easement may provide tax benefi ts. The value attributed to the easement may be claimed as a charitable contribution deduction from Federal income tax. The value of the easement is gen- erally the difference between the appraised fair market 215 NEVADA PRESERVATION FOUNDATION 137 4 5 The modern-style residence of noted residen- tial architect Henry B. Hoover in Lincoln, MA remains in the family while being permanently protected by an easement that includes certain interior rooms. Courtesy of Historic New England. value of the property prior to conveying an easement and the appraised fair market value of the property after the easement. If the easement has value, the amount will depend on a number of factors, such as how the easement affects the property’s development potential, which may be determined by the extent to which local government restrictions already restrict changes to the property. Where there is no further development potential for the property or the building is already under local regula- tions subject to the same conditions as those in the easement (including, for example, binding review by a local historic district commission to insure that the property’s historic character is preserved), the easement may be of little or no value. On the other hand, for a property located in an area where there are few regula- tions governing changes to the exterior of historic build- ings, the easement may result in signifi cant protection for the property’s historic character, possibly generating tax benefi ts to the donor. Recent Federal Tax Law Changes A property owner seeking a Federal tax deduction for a qualifi ed conservation contribution (including a dona- tion of an historic preservation easement) needs to be aware that there are several detailed requirements to meet, and that there are a number of recent changes to the tax laws. Several of these changes govern proper- ties located in registered historic districts. For example, to be deductible, the deed of easement on a building in a registered historic district must now preserve the entire exterior of the building (including the front, sides, rear and height of the building), and the easement must prohibit any change to the exterior of the building inconsistent with its historic character. The requirement that the easement cover the entire building exterior does not apply to an easement on a property that qualifi es for the deduction on the basis that it is individually listed in the National Register of Historic Places. As in the past, easements on properties individually listed in the National Register of Historic Places can cover part(s) of a building, such as the front façade, a front façade along with an important interior space, or the entire exterior. Most easement-holding organizations, however, require that the entire exterior of a building be covered by the easement’s protections. While a number of the recent Federal tax law changes are designed to address overvaluations by taxpayers and appraisers, several recent changes to the Federal tax code temporarily expanded the availability of the tax deduction in certain respects. These temporary changes, however, expired on January 1, 2010. Currently, the amount of a charitable income tax deduction for a conservation easement contribution that can be used by an individual in any one year is back to 30 per cent of the donor’s contribution base (generally adjusted gross income) from the temporary increase of 50 per cent. In addition, the period over which individuals can carry forward unused deductions for conservation easement contributions returns to fi ve years from the temporary increase of fi fteen years. Any changes after January 1, 2010 can be viewed on the National Park Service web site. Qualifi ed Properties According to the Internal Revenue Code, an income tax deduction may be available for a preservation easement protecting a certifi ed historic structure or a historically important land area. A property is considered a certifi ed historic structure if it is a building, structure, or land area individually listed in the National Register of Historic Places, or if it is a build- ing located in a registered historic district and is certifi ed by the National Park Service as contributing to the 216 BOULDER CITY HISTORIC PRESERVATION PLAN138 6 7 Completed in 1816, Tudor Place in Georgetown, DC, a National Historic Landmark, is protected by an easement covering the building and grounds granted to the U.S. Department of Interior by a direct family descendant of the original owner, the late Armistead Peter 3rd. Photo: Charles Fisher, NPS. historic signifi cance of that district. A registered historic district includes any district listed in the National Reg- ister of Historic Places. A State or local historic district may also qualify as a registered historic district, provided the district and the enabling statute are certifi ed by the National Park Service. In the case of a building in a registered historic district, to apply for a certifi cation of signifi cance (a determi- nation by the National Park Service as to whether a building is a certifi ed historic structure), a prospective easement donor contacts the State Historic Preserva- tion Offi ce (SHPO) to request a Historic Preservation Certifi cation Application or downloads the application from the National Park Service website www.nps.gov/ history/hps/tps. The property owner then completes Part 1 of the application and returns it to the SHPO. The SHPO then forwards the application, along with a recommendation, to the National Park Service, which makes the certifi cation decision. The property must be certifi ed by the National Park Service either by the time of the transfer of the easement or the due date (includ- ing extensions) for fi ling the Federal income tax return for the taxable year of the easement transfer. Properties individually listed in the National Register of Historic Places are already recognized as certifi ed historic structures, so a property owner does not need to request a certifi cation from the National Park Service. Unlike the deduction for preservation of properties located in an historic district, charitable contribution deductions for preservation easements on proper- ties individually listed in the National Register are not restricted to protection of buildings but may also be al- lowed for easements on historic structures or land areas without buildings. Examples of qualifying structures may include bridges, dams, or roller coasters. A historically important land area must be listed in the National Register of Historic Places. Historically impor- tant land areas include either independently signifi cant areas, including any related historic resources, that meet the National Register of Historic Places Criteria for Evaluation, or land areas adjacent to a property individually listed in the National Register of Historic Places, where physical or environmental features of the land contribute to the historic or cultural integrity of the historic property. Common examples of historically important land areas include traditional cultural places, archeological sites, battlefi elds, and historic cultural and designed landscapes. Public Benefi t In order to claim the Federal income tax deduction for a historic preservation easement, at least some visual public access to the property must be available. The de- gree of access is tailored to the historic resource under protection. For example, the amount of access required for a sensitive archeological site individually listed in the National Register may be as little as a few hours a year. Other means of providing access may include ensuring visual access from a public roadway for a historic build- ing and grounds subject to an easement, or allowing the public to tour the inside of a historic house on a reasonable number of days a year if the easement is imposed on portions or all of the interior. Often the easement-holding organization can assist the owner in fi nding a balance between protecting the property and the owner’s privacy, and providing a public benefi t. Qualifi ed Organizations The recipient of an easement donation must be a quali- fi ed organization. Qualifi ed organizations may include governmental units, charities that receive a substantial part of their support from governmental units or from public contributions, publicly supported charities, or charities that meet the requirements of §509(a)(3) and are controlled by qualifi ed organizations. For an easement on a historic property in a registered historic district, the donor and donee must enter into a writ- ten agreement certifying that the donee is a qualifi ed 217 NEVADA PRESERVATION FOUNDATION 139 8 9 The 1787 Phelps Inn located in North Colebrook, CT is one of several buildings on a 33-acre property protected by a preservation and conser- vation agreement granted to Historic New England by the late John A. and Nancy Phelps Blum. Courtesy of Historic New England. organization with a purpose of environmental protec- tion, land conservation, open space preservation, or historic preservation, and that the organization has the resources to manage and enforce the restriction and a commitment to do so. An easement-holding organization may require the easement donor to make an additional donation of funds to help the organization administer the easement. Those funds are often held in an endowment that gen- erates an annual income to pay for easement adminis- tration costs such as staff time for annual inspections or needed legal services. Inconsistent Use To qualify for a deduction, the donor may not retain uses of the property that would permit destruction of signifi cant conservation interests. Retained uses must be specifi cally circumscribed in the deed of easement. Valuation/Qualifi ed Appraisal Easement valuations have come under closer scrutiny by Congress and the IRS in recent years, and the Federal tax code imposes new qualifi cation standards for both appraisals and appraisers. For example, the appraisal must be prepared in accordance with generally accept- ed appraisal standards. The amount of a contribution deduction for a perpetual preservation or conservation easement generally is the fair market value of the easement at the time of the contribution. The most commonly-used method of determining this value is usually referred to as the “before” and “after” method: Generally the fair market value of an easement is equal to the difference between the fair market value of the property before the granting of the easement and the fair market value of the property after the granting of the easement. The appraisal therefore must value the property both before and after the easement is granted. Treasury Regulations governing valuation of conserva- tion easements (§ 1.170A-14(h)(3)(ii)) provide that, if the before and after valuation method is used, the market value of the property before the contribution must take into account not only the property’s current use but also an objective assessment of the likelihood that the property would be developed absent the restrictions, as well as any effect from local zoning, local historic preservation regulations, and similar restrictions that affect the property’s highest and best use. In other words, the valuation of an easement must be deter- mined through a qualifi ed appraisal that considers the specifi c terms of the easement and the specifi c nature of restrictions imposed by existing local land use or similar laws. Note that there are no generally recog- nized percentages by which an easement reduces the value of a property. In fact, there are instances in which the grant of an easement may have no material effect on the value of the property, particularly if the easement is no more restrictive than local ordinances already in effect. In the case of a preservation easement donation for which a deduction of more than $5,000 is claimed, a donor generally must obtain a qualifi ed appraisal pre- pared by a qualifi ed appraiser. The appraisal must be attached to the donor’s tax return for any claimed de- duction over $500,000. To deduct the value of an ease- ment on a building in a registered historic district, an appraisal must be attached to the tax return regardless of the amount of the claimed deduction. The Internal Revenue Service (IRS) may accept the value determina- tion in the appraisal or make its own determination. Donors and appraisers should be aware that there are strict penalties for overvaluations of property that lead to substantial or gross valuation misstatements. In the case of a claimed deduction of $250 or more, the donor must obtain a contemporaneous written ac- knowledgement as required by section 170(f)(8) of the 218 BOULDER CITY HISTORIC PRESERVATION PLAN140 10 11 One of a number of historic commercial properties in a historic district renovated by the Ron Kaufman Co., the 1855 Gibb-Sanborn Warehouse, a rare city survivor of the Gold Rush era, is protected by an easement held by San Francisco Architectural Heritage. Photo: ©SF Architectural Heritage. Internal Revenue Code. This mean that the donor needs to obtain from the easement holding organization a document stating the amount of any cash it received and a description of any property it received (such as the preservation easement). The organization must also state whether it provided any goods or services in return for the property and, if so, a description of the goods or services. The donor must obtain this contemporane- ous written acknowledgement on or before the earlier of the date the donor fi les the tax return claiming the charitable contribution or the due date (including exten- sions) for the tax return. For easement donations that involve buildings within historic districts where a deduction in excess of $10,000 is being claimed, the donor must submit a $500 fi ling fee with IRS Form 8283-V. In addition, in all cases in which a deduction of more than $500 is claimed, a properly completed IRS Form 8283 (Noncash Charitable Contributions) must accompany the donor’s tax return. For contributions for which a deduction of more than $5,000 is claimed, the Form 8283 generally must be signed by the appraiser who prepared the qualifi ed ap- praisal and by the qualifi ed organization that accepted the easement donation. In addition to the above requirements, the donor of a preservation easement on a building in a registered historic district must include with his or her tax return photographs of the entire exterior of the building and a description of all restrictions on the development of the building. Qualifi ed Appraisers To be a qualifi ed appraiser, the appraiser has to have verifi able education and experience in valuing historic properties, must not be prohibited from practicing be- fore the IRS, and must meet several other requirements established by the IRS. In addition, certain appraiser declarations are required. Combining an Easement with Federal Historic Rehabilitation Tax Credits A property owner conveying an easement on an historic building that has or will be rehabilitated may also be eligible for a 20% tax credit under the Federal Historic Rehabilitation Tax Incentives Program. This credit is available for properties rehabilitated for income-pro- ducing properties, but it is not available for properties used exclusively as the owner’s private residence. The rehabilitation must be substantial as defi ned by IRS and applies only to a project that the National Park Service designates as a certifi ed rehabilitation. In cases where the donor may qualify for both a Federal income tax deduction and a rehabilitation tax credit, there are two important considerations: First, an ease- ment placed on a building that is the source of a reha- bilitation tax credit may be considered a partial disposi- tion of the building, which could affect the available tax credits. Second, where rehabilitation tax credits have been claimed within 5 years preceding the easement donation, the Internal Revenue Code requires some reduction in the amount of the easement contribution deduction. An accountant or tax attorney should be consulted in such cases. Further Information For further information about historic preservation ease- ments and how to obtain certifi ed historic structure sta- tus for a building in a historic district, visit the National Park Service website at http://www.nps.gov/history/hps/ tps/tax/easement.htm or contact our offi ce at NPS_HPS- info@nps.gov. This leafl et incorporates changes to Federal tax law as a result of the Pension Protection Act of 2006 and the Food, Conservation, and Energy Act of 2008 (Public 219 NEVADA PRESERVATION FOUNDATION 141 12 The preservation easement given to the Preservation Alliance for Greater Philadelphia on the Manufacturer’s Club protects a National Register listed property not subject to local historic commission review. Courtesy of the Preservation Alliance. Law 110-234). For updates on any subsequent Federal tax law changes, please refer to the website cited on the previous page. Acknowledgments This brochure was prepared by Charles Fisher, National Park Service. The following individuals are gratefully acknowledged for their review and other assistance in the preparation of this publication: Paul W. Edmond- son, Vice President & General Counsel, National Trust for Historic Preservation, Washington, DC, and Stefan Nagel, Esq., of Counsel, Law Offi ce of Stephen J. Small, Esq., P.C., Newton, MA. Thanks also go to the Wash- ington Offi ce of the Internal Revenue Service; Michael Auer and Kaaren Staveteig of the National Park Service; and Joseph Cornish, Historic New England, for their assistance. This publication was prepared pursuant to the National Historic Preservation Act, which directs the Secretary of the Interior to develop and make available to govern- ment agencies and individuals information concerning professional methods and techniques for the preserva- tion of historic properties. Comments or questions regarding this publication are welcomed and should be addressed to Technical Preservation Services, Heritage Preservation Services, 1201 Eye Street NW, Washington, DC 20005 or email at NPS_HPS-info@nps.gov. cover: Tudor Place, Georgetown, DC 220 Boulder City Historic Preservation Plan City Council Adoption August 24, 2021 Presented & Edited by: Cynthia Ammerman Prepared by: Mariana Ruiz 221 Methodology & Process Outreach and Communications March 2020: Community Workshop Attended by approximately 50 Boulder City residents Small group discussions on the historic preservation ordinance, role of the historic preservation committee, historic designation processes, and the role of historic preservation Fall 2020: Video Presentation and Online Survey Developed rough recommendations based on March workshop Presented these through Boulder City's TV channel and YouTube Utilized the utilities mailer to promote survey for community input on video presentation Received 169 responses Research, Writing and Analysis Compiled plan, providing analysis and recommendations to assist with historic preservation efforts 222 Online Survey "Good" Historic Preservation Click to add text 223 Online Survey Demolition Review 224 HPC Powers Online Survey 225 HPC Members Online Survey 226 Online Survey Grassroots Historic Designation 227 Goals, Tasks, & Objectives Update Historic Preservation Ordinance Design Guidelines and Compliance 1983 survey: 17% not eligible 2020 survey: 56% not eligible Demolition Review Create process for reviewing, approving, and denying demolitions Survey participants stated a preference for a well -laid out process that includes public input Role of the HPC Explore making HPC decisions binding and with an appeal process Include members with specific professional backgrounds in voting capacity 228 Goals, Tasks, & Objectives Designation Processes Continue to educate the public on this process and solicit their input Preservation Incentives Financial incentives may not be feasible. Look into regulatory relief to designated resources Amend Master Plan Alterations of the street view of a building should be avoided Upper Floors, Porticos, Renovations 229 Historic Boulder City Boulder City is one of the most storied cities in Southern Nevada, with a history of national importance. It is also a city that relies upon its history and historic architecture to not only provide a sense of place for Boulder City residents, but to also provide visitors with a feel of an early era of Southern Nevada history. Today with development pressures and an increasing number of historic structures in Boulder City, a plan such as this is critical to the future of this community. Boulder City is at an important juncture in terms of historic preservation. The findings that came from the recent updated survey of the Historic District show that historic resources in Boulder City have been significantly undermined over the last three decades. There are many resources remaining that can and should be restored, rehabilitated, and protected. In this Historic Preservation Plan, we hope to have provided solid recommendations that can keep Boulder City the historic hub of Southern Nevada. 230 •Prepared for: •Boulder City •401 California Avenue •Boulder City, NV 89005 •Prepared by: •Mariana Ruiz •Cynthia Ammerman •Nevada Preservation Foundation •330 W. Washington Avenue, Ste. 106 •Las Vegas, NV 89106 231 R7324 Joining Forces 2022 Grant SUBJECT: For possible action: Resolution No. 7324, a resolution of the City Council of Boulder City, Nevada to accept a Grant Award of $43,000 for the Joining Forces campaign and to amend FY 2022 budget for revenues and expenses. ADDITIONAL INFORMATION: ATTACHMENTS: Description Type Staff Report Cover Memo R7324 Cover Memo JF Project Agreement Cover Memo 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 B1905 Special Event Ordinance SUBJECT: For possible action: Consideration of Bill No. 1905, an ordinance of the City of Boulder City, Nevada amending the Boulder City Municipal Code Title 4, “Business Regulations,” Chapter 1, “Business License,” Section 22 “License Classifications and Fees” to repeal the establishment of the Special Events License Review Board by ordinance, and other matters properly related thereto ADDITIONAL INFORMATION: ATTACHMENTS: Description Type Staff Report Cover Memo Bill 1905 Ordinance Bill 1905, Exhibit A Exhibit 259 City Council Meeting August 24, 2021 Item No. 9 Staff Report TO: Mayor and City Council FROM: Brittany Walker, City Attorney DATE: August 16, 2021 SUBJECT: Consideration of Bill No. 1905, an ordinance of the City of Boulder City amending the Boulder City Municipal Code Title 4, “Business Regulations,” Chapter 1, “Business License,” Section 22 “License Classifications and Fees” to repeal the establishment of the Special Events License Review Board by ordinance, and other matters properly related thereto Business Impact Statement: This action will not have a significant economic impact on business and will not directly restrict the formation, operation, or expansion of a business. Action Requested: That the City Council consider Bill No. 1905. Overview: • Boulder City Municipal Code (BCC) § 4-1-22 establishes by ordinance a Special Event License Review Board (Board) made up of the Police Chief, Fire Chief, Public Works Director, and Parks and Recreation Director to review all special event applications subjecting the Board to certain overburdensome legal requirements. • BCC also requires a special event business license, and, if applicable, a special event liquor license subject to public review and approval by the Liquor License Board. • Due to the volume of special event applications, it is impractictable for the Board to review every event application. • Staff recommends repealing the establishment of the Special Events License Review Board by ordinance, and Staff will recreate a similar collective review structure by administrative directive that will vary based upon the particular event. Boulder City Strategic Plan Goal: Goal A. Achieve Prudent Financial Stewardship; and Goal E. Sustain a High Level of Public Safety Services BOULDER CITY CITY COUNCIL MAYOR KIERNAN MCMANUS COUNCIL MEMBERS: JAMES HOWARD ADAMS CLAUDIA M. BRIDGES MATT FOX SHERRI JORGENSEN ◄ ● ► MEETING LOCATION: CITY COUNCIL CHAMBER 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 MAILING ADDRESS: 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 WEBPAGE: WWW.BCNV.ORG ◄ ● ► CITY MANAGER: TAYLOUR TEDDER,CECD CITY ATTORNEY: BRITTANY LEE WALKER, ESQ CITY CLERK: TAMI MCKAY, MMC, CPO ADMINISTRATIVE SERVICES DIRECTOR: BRYCE BOLDT COMMUNITY DEVELOPMENT DIRECTOR: MICHAEL MAYS, AICP PUBLIC WORKS DIRECTOR: KEEGAN LITTRELL, P.E. UTILITIES DIRECTOR: VACANT POLICE CHIEF: TIM SHEA FIRE CHIEF: WILLIAM GRAY, CFO FINANCE DIRECTOR: DIANE PELLETIER, CPA PARKS & RECREATION DIRECTOR ROGER HALL 260 Background: In 2007, the City of Boulder City Council enacted Ordinance 1332 which created a process for the review of Special Event License Applications, enacted certain requirements on Special Event hosts, created a Special Event Review Board (Board) made up of the Police Chief, Fire Chief, Public Works Director and Parks and Recreation director to review all special event applications, and provided a process for appeal of decisions on special event applications. Following enactment of this ordinance, state law was changed and could be interpreted as subjecting the Board to certain notice and meeting requirements required by Open Meeting Law. Due to the volume of the applications for special events received such requirements would impose both a financial and administrative burden on the City to carry out. Staff recommends repeal of the ordinance establishing the Board and replacing all references to the Board with “City” and Staff will recreate a similar collective review structure by administrative directive that will vary based upon the particular event. Bill No. 1905 proposes to make this change as well as a clarifying change to the exceptions to the subsection. The remainder of the subsection would remain unchanged, and the experience for an applicant for a special event permit would not change. Department Recommendation: That the City Council consider Bill No. 1905. Attachments: • Bill No. 1905 • Exhibit A to Bill No. 1905 261 Bill No. 1905 Introduced by: Bridges ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF BOULDER CITY AMENDING THE BOULDER CITY MUNICIPAL CODE TITLE 4, “BUSINESS REGULATIONS,” CHAPTER 1, “BUSINESS LICENSE,” SECTION 22 “LICENSE CLASSIFICATIONS AND FEES” TO REPEAL THE ESTABLISHMENT OF THE SPECIAL EVENTS LICENSE REVIEW BOARD BY ORDINANCE, AND OTHER MATTERS PROPERLY RELATED THERETO THE CITY COUNCIL OF BOULDER CITY DO ORDAIN: Section 1. Boulder City, Nevada, does by this Ordinance hereby amend Boulder City Municipal Code, an ordinance of the City of Boulder City amending the Boulder City Municipal Code Title 4, “Business Regulations,” Chapter 1, “Business License,” Section 22 “License Classifications and Fees” to repeal the establishment of the Special Events License Review Board by ordinance, as shown on Exhibit A. Section 2. VALIDITY. Each section and each provision or requirement of any section of this ordinance shall be considered separable and the invalidity of any portion shall not affect the validity or enforceability of any other portion. Section 3. PUBLICATION. The City Clerk shall cause this Ordinance to be published in summary on _____________________ in the Las Vegas Review Journal, a daily newspaper published in Las Vegas, Nevada. Section 4. EFFECTIVE. This Ordinance shall become effective the _____ day of ____________, 2021 DATED and APPROVED this 24th day of August, 2021. ______________________________ Kiernan McManus, Mayor ATTEST: ______________________________ Tami McKay, City Clerk 262 Bill No. 1905 Introduced by: Bridges The foregoing Ordinance was first proposed and read by title to the City Council on the August 10, 2021, which was a regular meeting; thereafter, on the August 24, 2021, a regular meeting was held and the proposed Ordinance was adopted by the following vote: VOTING AYE: __________________________________________________ VOTING NAY: __________________________________________________ ABSENT: __________________________________________________ DATED and APPROVED this 24th day of August, 2021. ______________________________ Kiernan McManus, Mayor ATTEST: ______________________________ Tami McKay, City Clerk 263 Exhibit A to Bill 1905 1 EXHIBIT A EXPLANATION: Bold underlined text is new; bracketed and stricken [--] text is to be repealed. 4-1-22. LICENSE CLASSIFICATIONS AND FEES. City business licenses shall be divided into the following classes, and the fees established by resolution of the city council for such classes shall be paid along with any other applicable license fees: ( Ord. 872 , 7-24-1990, eff. 8-15-1990) A. Resident Business. The fee for a business in residence within the city limits shall be based upon a computation of points as herein provided: ( Ord. 1493 , 3-26-2013, eff. 4-18-2013) 1. Classification By Type of Business. Every business shall be designated Class A, and one thousand (1,000) points shall be attributable thereto, except the following, which have special characteristics and are, therefore, classified and assigned points as follows: a. Class B, one thousand five hundred (1,500) points: Accountant Architect Attorney Barber Chiropractor Cosmetologist Dental laboratory Dentist Doctor, MD Engineer, professional Healing arts and schools Light and power company Massage center Massage technician Medical laboratory Optician, optometrist Osteopath Physical therapist Real estate broker Veterinarian Any medical profession which requires a state license 264 Exhibit A to Bill 1905 2 b. Class C, two thousand (2,000) points: Loan office and agency Motor vehicle body shop Pawnshop Pool hall Public dance establishment Secondhand store Taxicab and cars for hire Undertaker or funeral home Wholesale gas and oil 2. Businesses Posing Additional Burdens. The following businesses have special characteristics which pose additional burdens to the police, fire and other departments of the city, requiring the assessment of additional points as follows: a. 100,000 points Fortune teller, astrologer, clairvoyant, medium, palmist, phrenologist or similar profession, and adult oriented theater, adult oriented bookstore and businesses of a similar nature. b. 50,000 points Junk dealer, junkyard, auto salvage yard, refuse collection, recycling or similar business. c. 10,000 points Bank, bus line or railroad. d. 2,000 points Pawnshop, secondhand store, tavern or package liquor store (as defined by the liquor control act). e 1,000 points Cocktail lounge, alcoholic liquor service bar or package limited liquor store (as defined by the liquor control act), or department store. f. 50 points Per vending or video game machine, excluding weighing and stamp machines. ;adv=6;( Ord. 872 , 7-24-1990, eff. 8-15-1990; amd. Ord. 931 , 11-23-1993, eff. 12-15-1993; Ord. 1493 , 3-26-2013, eff. 4-18-2013) 3. Frontage of Premises of Business. Additional points shall be assessed according to the frontage width of the premises in which the business is located as follows: 14 feet or less 100 points 15 to 24 feet 250 points 25 to 35 feet 400 points 36 to 49 feet 1,000 points 50 to 75 feet 1,500 points 76 to 100 feet 2,500 points 101 to 500 feet 3,500 points Over 500 feet 3,500 points, plus 40 points per foot over 500 feet All motels, hotels, trailer courts, rooming houses, rental houses, apartment buildings, and suites or units shall be deemed to have a frontage equal to one hundred (100) points. 265 Exhibit A to Bill 1905 3 ( Ord. 1493 , 3-26-2013, eff. 4-18-2013) For a business having frontage on two (2) streets, the primary street frontage shall be deemed primary frontage and assessed accordingly. The license officer shall make the determination as to which frontage is primary, taking into consideration which frontage is on the larger traffic artery, where the entrances and display windows are located, and any other factors he deems important. A person operating a resident home business, subject to a license fee on the basis of the point system established in this section, shall be assessed points based on the frontage of the residence building only. 4. Number Of Employees. Additional points shall be assessed according to the average number of persons employed in the business and shall include the proprietor and each person working therein, for compensation or otherwise: a. 200 points Each full time employee, including the proprietor, and each part time employee working more than 4 hours per day b. 50 points Each part time employee working 4 hours or less per day 5. Hours Of Operation Per Week. Additional points shall be assessed according to the average number of hours per week of operation of the business, as follows: 54 hours or less 400 points 55 to 90 hours 600 points 91 to 125 hours 800 points 126 hours and over 1,000 points 6. Combined Business. a. If more than one business is conducted in the same building under the same business name and by the same person, the license fee for such business shall be the highest in the amount calculated for any one of such businesses, and shall be the only fee collected except as otherwise provided in this chapter. b. If more than one business is conducted in the same building, with different business names, the license fee shall be determined and assessed separately for each business at such location. B. Resident Contractor. A special contractor license shall be issued for any person conducting a business as a "contractor", as defined by Nevada Revised Statutes chapter 624. No license shall be issued until such applicant has first obtained a state contractor's license as required by said chapter 624 and shall not be combined with any other business. ( Ord. 1030 , 1-27-1998, eff. 2-18-1998) C. Resident Home Business License. 1. Issuance. A resident home business license may be issued upon approval of a home occupation permit by staff in accordance with the requirements of Title 11 of this code for home occupations. This requirement shall also apply to a tradesman. ( Ord. 1512 , 9-24-2013, eff. 10-17-2013) 266 Exhibit A to Bill 1905 4 2. Fee. The fee will be set by resolution of the city council based on the point system established in subsection A of this section. D. Residential or Commercial Rental Units. 1. The persons owning apartment houses or any type of residential or commercial rental units with four (4) or more rental units shall pay a business license fee on the basis of the point system provided herein. 2. Fees based on the point system shall apply and be computed as follows: a. Classification of business, one thousand (1,000) points. b. Frontage and number of employees, points as provided by subsections A3 and A4 of this section. c. Number of hours operated, four hundred (400) points. d. Additional points, fifty (50) points per apartment, residential or commercial rental unit. ( Ord. 1030 , 1-27-1998, eff. 2-18-1998) E. Nonprofit Permits. 1. Nonprofit permits may be issued to any person or organization operating without private profit primarily to further eleemosynary, public, charitable, educational, literary, fraternal or religious purpose. 2. An applicant for a nonprofit permit shall submit an application to the license officer and shall furnish such additional information and affidavits as the license officer shall reasonably require. Such documentation shall include, but not be limited to: a. A list of all current officers and/or directors including name, address, phone number and title. b. A copy of the secretary of state's acknowledgment that the organization is registered as a nonprofit entity with the state. c. An application fee per ordinance. ( Ord. 1332 , 6-26-2007, eff. 7-3-2007) 3. Nonprofit permits are filed once a fiscal year, renewing on July 1, and a fee per ordinance shall be collected. ( Ord. 1493 , 3-26-2013, eff. 4-18-2013) 4. Should the license officer determine that the applicant does not have a principal purpose which is primarily charitable, nonprofit, fraternal or eleemosynary, the nonprofit permit shall not be granted and the regular business license fee shall be applicable as set forth in this chapter. ( Ord. 1332 , 6-26-2007, eff. 7-3-2007; amd. Ord. 1493 , 3-26-2013, eff. 4-18-2013) F. Nonresident Business Licenses. 1. Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings given herein unless the context clearly indicates a different meaning: COMBINED BUSINESS: If more than one type of business is being conducted, such license fee shall be set at the highest fee stated. 267 Exhibit A to Bill 1905 5 RETAIL NATURE: The sale and delivery of goods, merchandise, articles or things for the benefit of the consumer residing in the city. SERVICE NATURE: The performance of labor for the benefit of the consumer residing in the city and shall include installation, maintenance and repair of goods, merchandise, articles or things. WHOLESALE NATURE: The sale of goods, merchandise, articles or things in quantity to persons who purchase for the purpose of resale, as distinguished from a retail dealer who sells direct to the consumer. 2. Fees. A fee shall be charged for a nonresident business license. Such fee to be set by resolution of the city council. ( Ord. 1030 , 1-27-1998, eff. 2-18-1998) 3. One-time Permit. Application may be made for a special permit to allow a nonresident business, including contractors to conduct business within the city for a single activity on a onetime basis. Such application and payment of fee shall be made prior to the delivery of the goods or performance of the services in the city. A "onetime basis" shall mean activities conducted any time within one 24-hour period. ( Ord. 1493 , 3-26-2013, eff. 4-18-2013) 4. Coin-Operated Machines. All coin-operated machines shall be licensed. Such license to be in addition to the regular business license. 5. Nonresident Contractors. a. A license is required by a "nonresident contractor", as defined by the Nevada Revised Statutes chapter 624, and who conducts a business within the city. b. No license shall be issued until such applicant has first obtained a state contractor's license. c. If it is determined that a contractor is doing business in the city without a valid contractor's business license, a penalty shall be assessed in addition to the regular license fee. G. Special Category License. Certain businesses, as described below, have special characteristics which pose additional and special burdens to the police, fire and other departments of the city, and must obtain a special category license: 1. Auctioneers. a. Applications for auctioneers' licenses, or for a single auction, shall state thereon the place of business intended to be occupied, if any, or the place of such auction, and shall give the names of employees authorized to conduct auctions under the license. b. This subsection is not applicable to a public auction or sale conducted by a public officer by virtue of any judicial order or process, or by virtue of any power or authority contained in a mortgage or trust deed if involving real property. 2. Peddler. A "peddler" is defined to be a person who sells tangible or intangible things from house to house, store to store, or on the streets or in any public place and delivery of things is made at the time of the sale regardless of the time of collection for the price thereof. 3. Transient Vendor. A "transient vendor" is one who sells tangible or intangible things from private premises or public places for temporary periods not to exceed six (6) weeks, excluding flea markets, swap meets and activities of a similar nature. 4. Garage Sale. 268 Exhibit A to Bill 1905 6 a. A "garage sale" is defined to mean and shall include all sales commonly referred to as "garage sale", "yard sale", "lawn sale", "attic sale", "patio sale" or for the casual irregular sale of personal property or donated personal property within a residential zone which is advertised by any means whereby the public at large is or can be made aware of said sale but does not include a "flea market sale", "swap meet" or similar offerings of goods, merchandise or property. b. Personal property donated by persons other than the person residing on the residential premises where such sale is to take place may be included in such sale; provided, that the donated property is by a tax exempt religious or charitable organization, and the entire proceeds from such sale being donated to, or retained by, the sponsoring tax exempt religious or charitable organization. c. The term "personal property" shall mean property owned, used and maintained for personal use only by the seller, and not for resale to the public. d. A "garage sale" shall be restricted to two (2) per year per residence, each lasting no longer than three (3) consecutive days. e. One single faced sign containing not more than four (4) square feet in total area may be placed upon a residential premises where the sale of personal property has been permitted for the duration of the sale only. 5. Flea Market Sale or Swap Meet. a. For the purpose of this chapter, a "flea market sale" or "swap meet" shall mean and include all offerings or sales of goods, merchandise or property by a group of individual vendors or dealers at one specified location at a specified time. b. The application shall specify the place in or on which such sale or meet is to be conducted. The applicant shall submit a written statement from the property owner of the place giving permission for the conduct of such sale or, if the place is City-owned, the approval of the city manager shall be required. c. No license shall be issued until the chief of police and fire chief have inspected the premises to be used for such sale or meet. d. If the applicant intends to conduct such "flea market sales" or "swap meets" on a regular basis, a conditional use permit shall be required in accordance with Title 11 of this code. 6. Real Estate Brokers And Salesmen. a. Licenses provided for by this subsection shall be issued only to persons holding a license required by the Nevada state real estate board in accordance with the provisions of the Nevada Revised Statutes. b. A "real estate broker" is any person: (1) Who for another and for a compensation, or who with the intention or expectation of receiving a compensation, sells, exchanges, options, purchases, rents or leases or negotiates or offers, attempts or agrees to negotiate the sale, exchange, option, purchase, rental or lease of, or lists or solicits prospective purchasers, lessees or renters of, or collects or offers, attempts or agrees to collect rental for the use of, any real estate or the improvements thereon, or any modular homes or other housing, including used mobile homes, offered or conveyed with any interest in real estate; or (2) Who engages in or offers to engage in the business of claiming, demanding, charging, receiving, collecting or contracting for the collection of an advance fee in connection with any employment undertaken to promote the sale or 269 Exhibit A to Bill 1905 7 lease of business opportunities or real estate by advance fee listing, advertising or other offerings to sell, lease, exchange or rent property. (3) Who, for another and for a compensation, aids, assists, solicits or negotiates the procurement, sale, purchase, rental or lease of public lands. (4) The license fee for a "real estate broker" shall be computed and assessed in accordance with the provisions of subsection A1a of this section. c. A "real estate salesman" is any person who holds a real estate salesman's license, or who has passed the real estate salesman's examination pursuant to the provisions of the Nevada Revised Statutes but who, as an employee or as an independent contractor, for compensation or otherwise, is associated with a licensed real estate broker in the capacity of a salesman, to do or to deal in any act, acts or transactions included within the definition of a "real estate salesman" in the Nevada Revised Statutes. d. The license fee for a "real estate salesman" who is associated with a licensed real estate broker in the city in the capacity of a salesman shall be computed and assessed in accordance with subsection A1 of this section. 7. Mobile Food Vendors. a. Defined. A "mobile food vendor" is any person carrying on or conducting the business of selling ice cream, candy, confectioneries and other food from a vehicle or conveyance that is nonfixed and readily movable. b. Health Requirements. Every mobile food vendor must show satisfactory medical evidence of being free from any communicable illness or disease; and further, that the vehicle or conveyance from which the food is sold meets all statutory and regulatory health requirements of the city, the county and the state. c. School Property. Any mobile food vendor is prohibited from selling, soliciting or parking a vehicle or conveyance within one thousand feet (1,000') in any direction from the extreme outside perimeter of school property during the hours that schools are in session or one hour after the close of such sessions. d. Parking. Vehicles and conveyances used by mobile food vendors shall not park for a period of more than forty five (45) minutes in any one block for the purpose of vending. e. Hours. A mobile food vendor may not operate within the city between the times of one hour after sunset and three (3) hours after sunrise, except for mobile food vendors serving a bona fide construction project or a commercial place of business. f. Trash. Every mobile food vendor's vehicle or conveyance must be equipped with a trash receptacle, and the mobile food vendor shall be responsible for litter in the vicinity of his vehicle or conveyance. g. Music; Parking Method. (1) No music to be played while vehicle is stopped. (2) Every mobile food vendor's vehicle or conveyance stopped or parked upon a roadway for the purpose of selling goods must have the right wheels of such vehicle or conveyance parallel to and within eighteen inches (18") of the right hand curb or right hand edge of the roadway and no music, jingles or similar musical or rhythmical tunes shall be played while stopped or parked. (Ord. 1030 , 1-27-1998, eff. 2-18-1998) 8. Special Events. 270 Exhibit A to Bill 1905 8 a. Defined. "Special events" include art festivals, running races or athletic events or contests using city property or streets, vehicle or motocross races, circuses, carnivals, festivals, bazaars, similar celebrations, exhibitions, competitions, performances, any music festival, dance or "rock" festival or musical activity held on city property, and to which the public is invited or admitted with or without a charge. Special events may be conducted by profit or nonprofit entities. [b. Review Board Established. A special events review board, hereinafter referred to as "the board", is empowered to review all applications for special events and recommend approval or denial to the license officer. The board will consist of the police chief, fire chief, public works director and parks and recreation director.] b[c]. Designated Officer. Every special event shall have a designated officer, coordinator or special event manager hereinafter referred to as special event coordinator who is responsible for seeing that all city, federal, state and southern Nevada health department conditions and/or requirements have been met. c[d]. License Required. No person shall operate, maintain, conduct, advertise, sell or furnish tickets for a special event in the incorporated areas of the city unless that person shall first obtain approval from the [special events review board] city and a special event business license from the city or a nonprofit permit to operate, produce, put in effect, carry on or conduct such special event. A special event business license may be granted for a specific number of consecutive days not to exceed seven (7) days, permitting "for profit" individuals, partnerships, corporations, organizations and associations to conduct authorized special events within the city. d[e]. Application; Information Required. Application for use of City property shall be made in writing to the parks and recreation director at least sixty (60) days prior to the time indicated for the commencement of the special event, unless a shorter time period is approved by the parks and recreation director. The application shall be accompanied by a nonrefundable application fee as established by resolution of the city council and shall include: (1) The name, age, [social security number], residence and mailing address of the person making said application, and such information shall be furnished for all partners, directors and officers when the applicant is a partnership, corporation or other entity. (2) The kind, character or type of special event proposed or planned by the applicant shall be specified in a statement, including, but not limited to, the following items as applicable: (A) Type of event, location or route, and entrance fee or admission charge. (B) The number of tickets, passes and/or admissions that will be printed and/or distributed to the public. (C) The type and extent of the promotional advertising specifying the type of media, the geographical area covered by said media and other information communicated to the public. (D) A financial statement demonstrating the ability of the applicant to carry out the special event and meet all conditions required by the City. (E) Whether the special event is intended for profit or for a nonprofit or charitable purpose. If the special event is conducted by a nonprofit entity, a nonprofit permit must be obtained from the business licensing department. 271 Exhibit A to Bill 1905 9 (3) The date or dates and the hours during which the special event is to be conducted. (4) A reliable estimate of the number of customers, spectators, admittees, participants and other persons expected to attend the special event for each day it is conducted. (5) A description of the applicant's plans to provide, as needed, fire protection, water, food, sanitation, medical facilities and services, vehicle parking space, vehicle access and on-site traffic control, plans for cleanup of the premises and removal of rubbish after the special event has concluded, electrical requirements and source of power, stage construction and seating plans, as applicable. e[f]. Consideration. Upon receipt of a completed application and the application fee, the parks and recreation director shall [schedule] forward the application to appropriate City officials for review [the application for special events review board consideration] as set forth by written administrative policy. f[g]. Recommendation [By Board]. Based upon the facts presented, the [board] City shall recommend that the special event be approved, denied or require conditions which must be complied with before the event may be approved. If conditions are required [by the board], the applicant must demonstrate to the [special events review board] City that all conditions have been complied with. The conditions, which may be required by the [board] City, as applicable, pursuant to the City's general police power for the protection of health, safety, welfare and property of local residents and persons attending special events in the city, are as follows: (1) Every special event coordinator shall employ, at his own expense, police protection. The number and type of security personnel shall be determined and specified by the chief of police as required to provide for the preservation of order and protection of property in and around the special event. Where the chief of police specifies the employment of off duty police officers to meet the requirements of this chapter, said police officers shall be under the exclusive direction and control of the chief of police. Off duty police officers may be employed by the special event coordinator at an hourly rate established by the chief of police. (2) Water and sanitation facilities shall be adequate for the number of participants, customers or admittees expected. (3) Provisions for the daily pick up and removal of refuse, trash, garbage and the like. (4) If the special event takes place on public or City property, an amount of money to be determined by the [board] City shall be deposited with the parks and recreation department as a cleanup deposit. (5) If city recreational facilities are used, a separate fee may be charged for the use of the facility. Such fee will be set by resolution of the city council and paid to the parks and recreation department. (6) Every special event coordinator shall provide adequate parking space for persons attending the special event by motor vehicle. (7) The [board] City may restrict the hours of the special event. 272 Exhibit A to Bill 1905 10 (8) Adequate electrical illumination must be provided for any special event held after dark. (9) No person, except those persons providing security, shall remain at the special event overnight, and overnight camping by persons attending the special event is prohibited unless otherwise approved by the parks and recreation director. (10) Any special event coordinator may be called upon to submit liability insurance coverage in favor of the city in connection with the operation of a special event. The exact amount of insurance to be set by resolution of the city council, if applicable. Special event coordinator shall further execute an indemnity agreement holding the city harmless from any and all claims for damages to property or person. A certificate of insurance must be presented to the parks and recreation department prior to the event being held. (11) Adequate fire protection and emergency medical facilities must be available at the special event. First aid and fire extinguishment equipment shall be provided as directed by the fire chief. (12) A fee shall be paid to the City for use of City facilities the amount of which shall be determined by resolution of the city council. (13) Each special event coordinator shall demonstrate that the organization has the funds available to meet the conditions or requirements as specified in the facility use permit issued under this subsection and adequately conduct the special event in a safe and prudent manner. (14) Any applicant may be required to meet any other condition prior to receiving approval to conduct a special event, which is reasonably necessary to protect the health, welfare, safety and property of local residents and persons attending a special event. g[h]. Grounds For Denial. The [board] City may recommend denial of an application for a special event on any of the following grounds: (1) Failure to meet the conditions necessary for the protection of the health, welfare, safety and property of local residents, participants or attendees of the special event or other conditions required by this subsection. (2) That the applicant, his employee, agent, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager, has previously conducted a special event, which resulted in the creation of a public or private nuisance or in a violation of city, state or federal law. (3) That the applicant, his employee, agent, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager, has been convicted in a court of competent jurisdiction by final judgment of an offense involving the presentation, exhibition or performance of an obscene production, motion picture, presentation, or selling obscene matter, a crime involving lewd conduct or use of force and/or violence or other crimes, including misdemeanors, involving moral turpitude. h[i]. Appeal. (1) An applicant who has been denied may appeal such denial to the city manager by filing a notice of appeal with the city manager within ten (10) days after receiving such notice of denial. Notification of such denial will be sent to the 273 Exhibit A to Bill 1905 11 applicant by certified letter. The date of receipt of such certified letter is the date the appeal period begins. (2) The city manager will make a determination to uphold or deny the appeal within ten (10) days after receipt of such appeal from the applicant. (3) Should the city manager deny the appeal, the applicant may, upon filing notice with the city clerk appeal the decision of the city manager to the city council. The city clerk will place the appeal on the next available council agenda. The decision of the city council will be final. i[j]. Emergency; Closing of Event. The chief of police, upon the approval of the city manager, shall have the authority, as an emergency exercise of the police power, to close any special event if the same is being conducted in a manner which does, in the opinion of the chief of police, adversely affect the public peace, safety or welfare of the city, or violates this code. [Such revocation may be appealed to the board]. j[k]. Civil Remedies. The city reserves any and all civil remedies and rights available to it, including the right to seek an injunction or restraining order for the prevention of any threatened violation and for the recovery of any damages suffered. k[l]. Exception. This subsection shall not be applicable to any special event, which is [sanctioned alone or with others] sponsored or co-sponsored, by the City. l[m]. Issuance; Transferability. When the [board] city certifies that conditions have been met, the [special event board] City shall, upon payment of a facility use fee as established by resolution of the city council, issue a letter of approval, specifying the name and address of the special event coordinator, the kind of special event approved and number of days the operation is authorized. No approval issued pursuant to this subsection shall be transferable to another person. m[n]. Compliance. After approval, the special events coordinator shall contact the business license department. It is the responsibility of the special events coordinator to ensure that all vendors and/or concessionaires have complied with all city, state, federal and county requirements. ( Ord. 1332 , 6-26-2007, eff. 7-3-2007) 9. Child Caregiver. a. A "child caregiver" is one who furnishes care on a temporary basis in their home, to one, but not more than six (6), children under eighteen (18) years of age if compensation is received or expected to be received for the care of any of those children. b. All child caregivers as a business within the home must also be licensed by the state. c. The city does not permit the care of more than a total of six (6) children in the home, including the caregiver's children who are six (6) years of age or younger. d. The care of four (4) or fewer children is considered a "permitted use" which does not require a public hearing before the planning commission. The care of five (5) to six (6) children is considered a "conditional use" and requires a public hearing before the planning commission. e. Childcare as a business is not permitted in multiple-family or mobile home park zones. ( Ord. 1030 , 1-27-1998, eff. 2-18-1998) 274 B 1906 Secondhand Dealers License Ordinance SUBJECT: For possible action: Matters related to Bill No. 1906 A. Public hearing on Bill No. 1906 B. Consideration of Bill No. 1906, an ordinance of the City of Boulder City, Nevada amending the Boulder City Municipal Code Title 4, “Business Regulations,” Chapter 7, “Secondhand and Junk Dealers,” to clarify the types of conduct and persons exempted from the provisions of the Chapter, and other matters properly related thereto ADDITIONAL INFORMATION: ATTACHMENTS: Description Type Staff Report Cover Memo Bill 1906 Ordinance Bill 1906, Exhibit A Exhibit City of Henderson Backup Material Nye County Backup Material City of Las Vegas Backup Material 275 City Council Meeting August 24, 2021 Item No. 11 Staff Report TO: Mayor and City Council FROM: Brittany Walker, City Attorney DATE: August 17, 2021 SUBJECT: Consideration of Bill No. 1906, an ordinance of the City of Boulder City amending the Boulder City Municipal Code Title 4, “Business Regulations,” Chapter 7, “Secondhand and Junk Dealers,” to clarify the types of conduct and persons exempted from the provisions of the Chapter, and other matters properly related thereto Business Impact Statement: This action will not have a significant economic impact on business and will not directly restrict the formation, operation, or expansion of a business. Action Requested: That the City Council consider Bill No. 1906. Overview: • Boulder City Municipal Code (BCC) Chapter 7 regulates second hand and junk dealers within Boulder City limits. • The current chapter is not consistent with state law or other municipal jurisdictions and wholly exempts antique dealers from the requirement to keep certain records and report certain sales regardless of the classification of the items being bought or sold contrary to state law requirements. • Staff recommends updating the ordinance so it is consistent with state law and other jurisdictions. Boulder City Strategic Plan Goal: Goal A. Achieve Prudent Financial Stewardship; and Goal E. Sustain a High Level of Public Safety Services Background: Since secondhand and junk dealers have special characteristics which specially burden the Police Department, regulations are put in place to help deter and track the sale of stolen property. BOULDER CITY CITY COUNCIL MAYOR KIERNAN MCMANUS COUNCIL MEMBERS: JAMES HOWARD ADAMS CLAUDIA M. BRIDGES MATT FOX SHERRI JORGENSEN ◄ ● ► MEETING LOCATION: CITY COUNCIL CHAMBER 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 MAILING ADDRESS: 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 WEBPAGE: WWW.BCNV.ORG ◄ ● ► CITY MANAGER: TAYLOUR TEDDER,CECD CITY ATTORNEY: BRITTANY LEE WALKER, ESQ ACTING CITY CLERK: TAMI MCKAY, MMC, CPO ADMINISTRATIVE SERVICES DIRECTOR: BRYCE BOLDT COMMUNITY DEVELOPMENT DIRECTOR: MICHAEL MAYS, AICP PUBLIC WORKS DIRECTOR: KEEGAN LITTRELL, P.E. UTILITIES DIRECTOR: VACANT POLICE CHIEF: TIM SHEA FIRE CHIEF: WILLIAM GRAY, CFO FINANCE DIRECTOR: DIANE PELLETIER, CPA PARKS & RECREATION DIRECTOR ROGER HALL 276 The current Boulder City Municipal Code (BCC) wholly exempts antique dealers from record keeping and reporting requirements required of other businesses engaging in the sale of secondhand personal property or junk. This is inconsistent with state law (NRS Chapter 647) which requires any person engaging the business of buying or selling secondhand personal property or junk to keep certain records regarding the property and report certain information to law enforcement regardless of the classification of their business. Such a blanket exemption leaves Boulder City businesses vulnerable to abuse by bad actors. Staff recommends updating the ordinance so that it is consistent with state law and other jurisdictions. On June 28, 2021, Staff notified businesses that could be subject to the new requirements and held a workshop with these business owners. The goal of the workshop was to educate business owners about the requirements of dealing in secondhand and junk materials per Nevada State law. Additionally, Staff advised business owners about the recordkeeping and reporting requirements for secondhand and junk dealers. The types of businesses notified included secondhand jewelers, pawn shops, antique dealers, used merchandise stores, secondhand firearm dealers, junk haulers, and vintage or collectable retailers. After receiving feedback from the business community, staff added additional exemptions from the Chapter modelled from the City of Las Vegas Municipal Code. Under the latest bill draft, the following conduct is exempt from the requirement to obtain a secondhand or junk dealers license: • Licensed antique dealers that do not sell secondhand personal property and only sell antiques and collectibles. • Dealers of used vehicles as to those activities for which a license issued by the State Department of Motor Vehicles is required pursuant to NRS 482.322. • The buying, selling or trading by a licensed business of used portable electronic devices or major home appliances, but only to the extent acquired by the business as a trade-in or credit upon a buyer’s purchase of a new portable electronic device or major home appliance on a one for one basis. • The taking in pawn or selling of unredeemed personal property by a licensed pawnbroker. • The buying, selling or trading of used newspapers and periodicals. • A person who engages in the business of buying or selling secondhand firearms or any antique parts, accessories or other equipment relating to those firearms to the extent that the person has been issued a license as a manufacturer, importer, dealer or collector pursuant to the provisions of 18 U.S.C. § 923. • The buying, selling or trading by a licensed business of used video games, videotapes, cassettes, digital video discs, compact discs or sound recordings which have been purchased (or received as trade-ins) from its retail customers, provided that credit only has been given as consideration for the purchase or 277 trade-ins, which credit then can only be used by its retail customers for the rental or purchase of new or used items referenced in this Subsection at any of its licensed business premises. • A convention or trade show not exceeding fourteen days in length, provided that convention or trade show exhibitors do not purchase secondhand or used personal property at the convention or trade show. • The buying, selling or trading of wearing apparel, general household furnishings, infant/child items, sporting equipment, musical instruments, or specified liquid waste. • Individuals selling consignment at a properly licensed retail business with all sales being run through the licensed business and no items being purchased on the premises. Department Recommendation: That the City Council consider Bill No. 1906. Attachments: • Bill No. 1906 • Exhibit A to Bill No. 1906 278 Bill No. 1906 Introduced by: Bridges ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF BOULDER CITY AMENDING THE BOULDER CITY MUNICIPAL CODE TITLE 4, “BUSINESS REGULATIONS,” CHAPTER 7, “SECONDHAND AND JUNK DEALERS,” TO CLARIFY THE TYPES OF CONDUCT AND PERSONS EXEMPTED FROM THE PROVISIONS OF THE CHAPTER, AND OTHER MATTERS PROPERLY RELATED THERETO THE CITY COUNCIL OF BOULDER CITY DO ORDAIN: Section 1. Boulder City, Nevada, does by this Ordinance hereby amend Boulder City Municipal Code, an ordinance of the City of Boulder City amending the Boulder City Municipal Code Title 4, “Business Regulations,” Chapter 1, “Business License,” Chapter 7, “Secondhand and Junk Dealers,” to clarify the types of conduct and persons exempted from the provisions of the Chapter, and other matters properly related thereto, as shown on Exhibit A. Section 2. VALIDITY. Each section and each provision or requirement of any section of this ordinance shall be considered separable and the invalidity of any portion shall not affect the validity or enforceability of any other portion. Section 3. PUBLICATION. The City Clerk shall cause this Ordinance to be published in summary on _____________________ in the Las Vegas Review Journal, a daily newspaper published in Las Vegas, Nevada. Section 4. EFFECTIVE. This Ordinance shall become effective the _____ day of ____________, 2021 DATED and APPROVED this 24th day of August, 2021. ______________________________ Kiernan McManus, Mayor ATTEST: ______________________________ Tami McKay, City Clerk 279 Bill No. 1906 Introduced by: Bridges The foregoing Ordinance was first proposed and read by title to the City Council on the August 10, 2021, which was a regular meeting; thereafter, on August 24, 2021, a regular meeting was held and the proposed Ordinance was adopted by the following vote: VOTING AYE: __________________________________________________ VOTING NAY: __________________________________________________ ABSENT: __________________________________________________ DATED and APPROVED this 24th day of August, 2021. ______________________________ Kiernan McManus, Mayor ATTEST: ______________________________ Tami McKay, City Clerk 280 Exhibit A to Bill 1906 Page 1 of 4 Exhibit A 4-7-1. PURPOSE. Since secondhand and junk dealers, including auto salvage yards, have special characteristics which specially burden the Police Department, regulations in addition to the business license procedures stipulated in Chapter 1 of this Title are needed, and the stipulations hereinafter provided shall apply to all secondhand dealers, junk dealers and auto salvage yards. ( Ord. 576 , 5-11-1976, eff. 6-14-1976) 4-7-2. DEFINITIONS A. Antique means a unique object of personal property that is not less than sixty years old and has special value primarily because of its age. B. Collectible means an object of personal property that has special value primarily because of its unique characteristics and the high level of demand for the object. C. Deal in junk or Junk Dealer means any person engaged in the business of purchasing, selling or trading hides, salvage or junk other than used books. D. Deal in secondhand goods or Secondhand Dealer means any person engaged in whole or in part in the business of buying, selling or trading metal junk, melted metal or secondhand personal property, other than antiques, used books, coins, and collectibles. E. Identifiable means secondhand personal property which bears a serial number or personalized initials or an inscription and includes secondhand personal property which, at the time it is acquired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or an inscription. F. Junk means old iron, copper, brass, lead, zinc, tin, steel, and other metals, metallic cables, wires, ropes cordage, bottles, bagging, rubber, paper, and all other secondhand, used or castoff articles or material of any kind, but does not include scrap metal. G. Precious metal means gold, platinum, silver and their alloys. [4-7-2] 4-7-3. LICENSE REQUIRED. It shall be unlawful for any person to buy or sell or deal in secondhand goods or junk of any kind in the City without first obtaining a license so to do, under the terms and conditions hereinafter provided, and the carrying on of the aforesaid business, together with any other business for which a license is paid, or required to be paid, shall not exempt such person from paying a license fee as set by resolution of the City Council. A. Antique Dealer Personally Exempted.. The provisions of this Chapter shall not apply to any antique dealer[. An] whom exclusively deals with antiques and collectibles. An antique dealer [is hereby defined to mean any person, firm or corporation other than a licensed pawnbroker or licensed] engaging in the selling of secondhand [dealer having a place in the City for purchasing, trading or dealing predominantly] property or metal junk must acquire in [antiques. "Antiques" are hereby defined generally as very old and authentic objects of enhanced value owing their increased worth and 281 Page 2 of 4 unique appeal mainly] addition to the [fortuity sale of] antique dealers license, a second hand dealers license, and the licensee must comply with the record keeping, resale time lapse, and reporting requirements set forth herein. [survival][B. Zoning Regulations. All secondhand dealers who handle or deal in secondhand motor vehicles or trailers for the purpose of dismantling, wrecking, disassembling and selling the dismantled, wrecked or disassembled parts or accessories shall be limited to an area which is zoned CM Commercial Manufacturing. Secondhand dealers who handle or deal in secondhand motor vehicles or trailers or parts or accessories thereof, and who do not dismantle, wreck or disassemble motor vehicles, or trailers, may be licensed in a C2 General Commercial or CM Commercial Manufacturing Zone.] ( Ord. 576 , 5-11-1976, eff. 6-14-1976) [4-7-3] 4-7-4. EXEMPTIONS. This Chapter does not apply to: A. Dealers of used vehicles as to those activities for which a license issued by the State Department of Motor Vehicles is required pursuant to NRS 482.322; B. The buying, selling or trading by a licensed business of used portable electronic devices or major home appliances, but only to the extent acquired by the business as a trade-in or credit upon a buyer’s purchase of a new portable electronic device or major home appliance on a one for one basis; C. The taking in pawn or selling of unredeemed personal property by a licensed pawnbroker; D. The buying, selling or trading of used newspapers and periodicals; E. A person who engages in the business of buying or selling secondhand firearms or any antique parts, accessories or other equipment relating to those firearms to the extent that the person has been issued a license as a manufacturer, importer, dealer or collector pursuant to the provisions of 18 U.S.C. § 923; F. The buying, selling or trading by a licensed business of used video games, videotapes, cassettes, digital video discs, compact discs or sound recordings which have been purchased (or received as trade-ins) from its retail customers, provided that credit only has been given as consideration for the purchase or trade-ins, which credit then can only be used by its retail customers for the rental or purchase of new or used items referenced in this Subsection at any of its licensed business premises; G. A convention or trade show not exceeding fourteen days in length, provided that convention or trade show exhibitors do not purchase secondhand or used personal property at the convention or trade show; or H. The buying, selling or trading of wearing apparel, general household furnishings, infant/child items, sporting equipment, musical instruments, or specified liquid waste. I. Individuals selling consignment at a properly licensed retail business with all sales being run through the licensed business and no items being purchased on the premises. For purposes of this section, “consignment” means any transaction whereby the individual owner of personal property authorizes a licensed retail business to sell the interests of the individual owner in the personal property. [4-7-3] 4-7-5. APPLICATION AND FEE. Application for a license under this Chapter shall be made to the License Officer in accordance with the license procedure provided in Section 4-1-9 of this Title. ( Ord. 576 , 5-11-1976, eff. 6-14-1976) 282 Page 3 of 4 [4-7-4] 4-7-6. APPROVAL BY CHIEF OF POLICE. All applications for license under this Chapter shall be immediately referred to the Chief of Police, or acting Chief of Police, for his approval thereof, and in no case shall a license be issued where his disapproval thereof is endorsed thereon. The Chief, or acting Chief of Police, shall return all such petitions with his approval or rejection endorsed thereon to the License Officer for final action. ( Ord. 576 , 5-11-1976, eff. 6-14-1976) [4-7-5] 4-7-7. PROHIBITED PURCHASES. A. Minors. It shall be unlawful for any person whether acting for himself or as agent, servant or employee of any other person to purchase any of the goods, wares, merchandise or junk aforesaid from any minor, except with the written consent or direction of the parent or guardian of such minor. B. Vehicles Without Manufacturer's Number. No secondhand dealers shall deal in any motor vehicle, trailer, tire, motor vehicle accessory or part from or on which any of the manufacturer's numbers have been removed, obliterated, defaced or changed, and shall not himself remove any of such numbers. ( Ord. 576 , 5-11-1976, eff. 6-14-1976) [4-7-6] 4-7-8. RECORD BOOK. It shall be unlawful for any such secondhand or junk dealer to fail to keep a substantial and well-bound book in which he shall enter in ink at the time of purchase or receipt, legibly in the English language: A. Description. A true and accurate description of every article or thing purchased or received by him (except secondhand personal property exempt from the provisions of this Chapter pursuant to Section 4-7-4 [paper or rags]). In the case of watches, the description must contain the name of the maker and the number of the works or the case. In the case of jewelry, all letters and marks inscribed on the jewelry must be included in the description. B. Vendor Information. The name, age, sex and residence of the vendor. C. Employee Information. The name or other identification of the person or employee conducting the transaction. [C]D. Amount Paid; Value. The amount paid therefor, and estimated value thereof. [D]E. Date, Hour Of Purchase. The date and hour of purchase or receipt. 1. No entry made in such book shall be erased, obliterated or defaced. 2. The record and all goods received shall at all times during the ordinary hours of business be open to the inspection of the City Attorney, the Chief of Police or any officer directed by the Chief. ( Ord. 576 , 5-11-1976, eff. 6-14-1976) [4-7-7] 4-7-9. DAILY REPORT. Every dealer in secondhand goods or junk in the City, including automobile wreckers buying or dealing in or selling secondhand automobile accessories such as old tires, batteries, fenders, radiators, engines or any other secondhand automobile parts, shall before the hour of ten o'clock (10:00) A.M. of each and every day, except 283 Page 4 of 4 Sunday, make and deliver to the Chief of Police a full, true and detailed report in writing, via a City approved electronic system, or on blank forms to be prepared and furnished by the Chief of Police, setting forth an exact description of each and every article, except secondhand personal property exempt from the provisions of this Chapter pursuant to Section 4-7-4 [paper and rags], purchased or received by such dealer during the twenty four (24) hours immediately preceding such report, and also the name, residence and full description of the vendor thereof, the amount of money paid therefor, together with the date and hour of the receipt of such article or thing. The report so made on each Monday shall include all purchases made from and after the report made and delivered on the Saturday preceding; provided, however, that if no purchase or receipt has been made, the report must nevertheless be made to that effect. ( Ord. 576 , 5-11-1976, eff. 6-14-1976) [4-7-8] 4-7-10. RESALE TIME LAPSE. Every dealer in secondhand goods or junk [, except furniture and carpets,] must keep without concealment for a period of fifteen (15) days, subject to inspection by any police officer, all second hand personal property or junk except secondhand personal property exempt from the provisions of this Chapter pursuant to Section 4-7-4 [goods, wares and merchandise, except furniture and carpets, paper and rags,] purchased or received from any person, before selling, shipping or otherwise disposing of the same. A. Individually Identifiable Second Hand Personal Property. Must be retained by secondhand dealers for thirty (30) days after the receipt thereof is reported or a record of the receipt of the property is furnished or mailed to the chief of police. [A Furniture, Carpets. Furniture and carpets shall be kept for a period of three (3) days only. B Paper, Rags. Paper and rags may be disposed of immediately.] ( Ord. 576 , 5-11-1976, eff. 6-14-1976) [4-7-9] 4-7-11. REFUSAL, SUSPENSION OR REVOCATION OF LICENSE. The License Officer, in the exercise of his discretion, may refuse to grant any license to any person, and may suspend any license granted hereunder, if in his judgment or discretion, it should appear that the applicant or licensee is not a proper person to operate said business or that the licensee has not properly and fairly conducted such business or has violated any of the provisions of the State or City law in such a way to be detrimental to the business in the City and prejudicial to the public welfare. A. Any suspension or revocation of a secondhand or junk dealer's license shall be made in accordance with the provisions of Section 4-1-23 of this Title. ( Ord. 576 , 5-11-1976, eff. 6-14-1976) [4-7-10] 4-7-12. PENALTIES. The penalties stipulated in Section 4-6-34 of this Title shall also apply to every secondhand and junk dealer, and every clerk, agent or employee and shall be cause for suspension or revocation of said secondhand and junk dealer's license. ( Ord. 576 , 5-11-1976, eff. 6-14-1976) 284 Title 4 - BUSINESS REGULATIONS AND LICENSES Chapter 4.68 SECONDHAND DEALERS Henderson, Nevada, Code of Ordinances Created: 2021-04-26 20:06:13 [EST] (Supp. No. 46) Page 1 of 9 Chapter 4.68 SECONDHAND DEALERS Sections: 4.68.010 Definitions. As used in the secondhand dealer regulations herein contained, the words and terms defined in this section have the meanings ascribed to them unless a different meaning clearly appears in the context. Any word or term not defined in this section, and which appears in the regulation, shall have the definition ascribed in chapter 4.04 of this title, unless a different meaning clearly appears in the context. Collectible means an object of personal property that has special value primarily because of its unique characteristics and the high level of demand for the object. Drop-off center means a collection site where recyclable materials may be taken by persons and deposited into designated containers. Jewelry means merchandise customarily kept in retail (including estates) jewelry stores for sale, including, but not limited to, precious and semiprecious stones; watches; clocks; rings; bracelets; articles made in whole or in part of gold, silver, platinum or other precious or semiprecious metal and, in addition thereto, shall also include collectibles and art objects. Net assets means the book value of current assets less applicable liabilities, represented by a capital investment unencumbered by a lien or other encumbrance, and subject to a claim by a general creditor. Such capital investment must be represented by common or preferred shares and capital or earned surplus, if the business is a corporation; or a substantial equivalent of items, as determined by generally accepted accounting principles, if the business is not a corporation. New merchandise means all commodities which merchants normally sell, whether at wholesale or retail, and which have never entered to common market place for sale or distribution to a consumer. Recyclable materials or recyclables has the same meaning as that term is defined in the Southern Nevada Health District's regulations governing recycling centers, as amended. Recycling center has the same meaning as that term is defined in the Southern Nevada Health District's regulations governing recycling centers, as amended. Secondhand dealer means any person having a place of business in the city for purchasing, trading or dealing in any secondhand personal property. Establishments conducting the business of recyclables, or of a drop-off center, are included in this definition. Note(s)—This section specifically exempts a licensed pawnbroker or a dealer of used books, clothing musical instruments, sporting goods, or prerecorded media, and the taking in of used items in on trade for store credit or the purchase of store merchandise from the requirement to obtain a secondhand dealers license. Secondhand dealer, Category A, means: 1. A person whose principal business practices and transactions are primarily in new merchandise, with used, or secondhand, merchandise constituting a maximum of 30 percent of the business activities. 2. This category of secondhand dealer license includes license classifications I or II. Secondhand dealer, Category B, means: 285 Created: 2021-04-26 20:06:12 [EST] (Supp. No. 46) Page 2 of 9 1. A person whose principal business practices and transactions are primarily in used, or secondhand merchandise. 2. This category of secondhand dealer license includes license classifications I or II. Secondhand dealer, Category C, means a person whose business practices and transactions are in: 1. Furs; 2. Coins, currency, or stamps; or 3. Collectibles. Secondhand dealer, Category D, means: 1. A person whose business practices and transactions are limited to those set forth in Category C and jewelry; and maintaining net assets of at least $250,000.00 that are used or readily available for use in the business of the licensed location. 2. If the director cannot verify that an applicant meets the net assets requirement of this section, the director may require the applicant to submit a finding, including a current balance sheet, by an independent certified public accountant that the accountant has reviewed the applicant's books and records, and the applicant meets the net assets requirement. 3. This category of secondhand dealer license includes license classification II. Secondhand dealer, Category E, means a recycling center permitted to operate by the Southern Nevada Health District. Secondhand dealer, Class I, includes all secondhand dealers who handle, or deal in secondhand motor vehicles or trailers for sale or for the purpose of dismantling, wrecking, disassembling and selling the dismantled, wrecked or disassembled parts or accessories; and, secondhand motor vehicles or trailers, or parts and accessories thereof; and, secondhand dealers who dismantle, wreck, or disassemble motor vehicles or trailers, and who possess the appropriate State of Nevada, Department of Motor Vehicles dealers license. Secondhand dealer, Class II, includes all secondhand dealers who handle, or deal in one or more of, but not limited to, the following: metals, scrap metals, rags, paper, furs, furniture, fixtures, household goods, radios, televisions, office supplies and equipment, pictures, paintings, watches, gold, silver and other precious metals, diamonds and other precious stones, recyclables, and dealers who smelt gold or wrought gold, or other wrought metals. (Ord. No. 2910 , § 1, 3-15-2011; Ord. 2370, § 111, 2005; Ord. 1907, § 1 (part), 1999; Ord. 1303, § 1 (part), 1992) 4.68.020 Statement of legislative intent—Regulation. It is found and declared that the public health, safety, morals and welfare of the inhabitants of the City of Henderson require the regulation and control of persons engaged in the secondhand dealer business, or in the operation of secondhand shops. All secondhand dealers, as defined in this chapter, shall be licensed and regulated so as to protect the public health, safety, morals, good order and general welfare of the inhabitants of the City of Henderson and to safeguard the public. It is further found and declared that the right to obtain such license is a privilege and that the operation of a secondhand dealers business, when authorized by such license, is a privileged business subject to regulations, and that the license may be revoked for violation of the conditions of this chapter. In conformity with the policy of this chapter, the following persons are declared not qualified to hold a license under the provisions of this chapter. A. A person who has been convicted of a crime involving theft, fraud, dishonesty, receiving or possessing stolen property, any controlled substance violation whatsoever, or any sex offense; 286 Created: 2021-04-26 20:06:13 [EST] (Supp. No. 46) Page 3 of 9 B. A person whose license, issued pursuant to the provisions of this chapter, or those ordinances or statutes of any other agency lawfully engaged in the licensing or regulation of secondhand dealer businesses, has been revoked for cause; C. A person who, at the time of renewal of any license issued under this chapter, would not be eligible for such license upon a first application; D. A partnership, limited partnership or association, unless all of the members of such partnership, limited partnership or association are qualified to obtain a license; E. A corporation, unless it is incorporated in the State of Nevada, or unless it is a foreign corporation which is qualified under Nevada law to transact business in Nevada; F. A corporation or limited liability corporation, if an officer or director thereof would not be eligible to receive a license for any reason which would disqualify an individual applicant. (Ord. 1907, § 1 (part), 1999; Ord. 1303, § 1 (part), 1992) 4.68.030 Unlawful to operate without license. It is unlawful for any person to conduct any secondhand dealer business as described in this chapter without first having obtained a license therefor. (Ord. 1303, § 1 (part), 1992) 4.68.040 Limit on number of secondhand dealer licenses—Exclusions. Excluding Class I secondhand dealers, there shall be no more than ten Category B licenses in the city. (Ord. No. 2910 , § 2, 3-15-2011; Ord. 1907, § 1 (part), 1999; Ord. 1303, § 1 (part), 1992) 4.68.050 License—Location subject to use permit application review. All applicants for a secondhand dealer's license shall submit to the community development department an application in the manner specified by said department if a use permit is required in accordance with HMC title 19. (Ord. 1907, § 1 (part), 1999; Ord. 1303, § 1 (part), 1992) 4.68.060 License—To whom issued. No secondhand dealer's license shall be issued to any person other than the real and actual proprietor of the business. (Ord. 1303, § 1 (part), 1992) 4.68.070 License—Application—Contents—General. Whenever a person desires to conduct any secondhand dealer business in the city, or engage in the business thereof, such person shall make application in writing to the division to obtain a license therefor and such application shall contain and set forth the following: A. The name and residence address of the applicant; and 287 Created: 2021-04-26 20:06:13 [EST] (Supp. No. 46) Page 4 of 9 B. The kind of license desired, the particular place for which the license is desired; and C. The names and residential addresses of all persons owning an interest in the business, including the name and residential addresses of the general managers of the business, and where there is more than one owner of such an establishment, the names and residential addresses of all such persons owning an interest in the business shall be listed on the application, together with a statement as to the percentage of the business owned by each individual; and D. A consent to police department and business license division investigation of the applicant's background, including, but not limited to, financial background, employment history and criminal record. (Ord. 1907, § 1 (part), 1999; Ord. 1303, § 1 (part), 1992) 4.68.080 Special provisions of secondhand dealer license. A. All applicants for a secondhand dealer, Category A, license shall, in addition to the application for a secondhand dealer license, make application, be issued, and shall maintain, a gross revenue business license for new merchandise as defined in HMC [section] 4.05.010, during all times the Category A license is to remain valid; and B. In all cases, to obtain, and maintain, a secondhand dealer, Category A, license, the business so licensed shall derive a minimum of 70 percent of its gross revenues from the sale of new merchandise during any six- month period of time. C. No secondhand dealer, Category B, shall conduct, carry on, or maintain any other type of business activity on the premises of the licensed business. D. To obtain, and maintain, a secondhand dealer, Category D, license, the business location so licensed must have a minimum of 1,800 square feet of indoor space; at least 1,000 square feet of such indoor space must be maintained as a merchandise display area. E. To obtain and maintain a secondhand dealer, Category E, license, the business so licensed shall maintain a valid permit to operate a recycling center issued by the Southern Nevada Health District. (Ord. No. 2910 , § 3, 3-15-2011; Ord. 1907, § 1 (part), 1999; Ord. 1303, § 1 (part), 1992) 4.68.090 License—Applicant—Provisions for corporation. In all cases where the applicant for a secondhand dealer's license is a corporation, the names and residential addresses of the officers or directors of the corporation shall be listed on the application. In all such cases, the director and/or the chief of police shall determine who of the principal officers and directors of such corporation shall require background investigations. (Ord. 1303, § 1 (part), 1992) 4.68.100 License—Application—Contents—Additional. All applications shall contain such information as the council or its authorized officers by rule or regulation not inconsistent with law prescribe. Each licensee shall designate on the application form the name of an agent residing within the county who is responsible for the conduct of the business and authorized to immediately answer to the council or its agents should inquiry or action be deemed necessary. (Ord. 1303, § 1 (part), 1992) 288 Created: 2021-04-26 20:06:13 [EST] (Supp. No. 46) Page 5 of 9 4.68.110 License—Applicant—Personal information required. All applicants for a secondhand dealer's license shall state for each person interested in the business, his name and place of residence, whether or not he is a legal resident of the United States, whether or not he has been charged or convicted of a crime which would be considered a felony under the laws of the State of Nevada, or any misdemeanor crime, other than minor traffic offenses, and any other information the division may require, all to be set forth in the application. (Ord. 1303, § 1 (part), 1992) 4.68.120 Application fee required. No investigation shall be made of any applicant for a secondhand dealer's license prior to the payment by the applicant, and receipt of such fee, by the division, and no license shall be issued until all appropriate fees are paid. (Ord. 1303, § 1 (part), 1992) 4.68.130 Investigation fees—Required—Fees charged. Any person applying for a secondhand dealer's license is required to deposit with the division an investigation fee as determined by the police department fee schedule, chapter 4.03, for each person required to be licensed (see also section 4.04.060(b)). (Ord. 1303, § 1 (part), 1992) 4.68.140 No refund on investigation fee. Even though an applicant is denied a license after investigation, no part of the investigation fees deposited shall be returned to the applicant. (Ord. 1303, § 1 (part), 1992) 4.68.150 Withdrawal of application—Refund. If any applicant withdraws his application prior to the beginning of an investigation, all fees deposited under section 4.68.130 shall be returned to the applicant. (Ord. 1907, § 1 (part), 1999; Ord. 1303, § 1 (part), 1992) 4.68.160 License—Corporation—Partnerships—Associations—Changes in membership. In the case of a corporate licensee, any and all changes in the officers and directors of such corporation shall be reported to the division within 30 days of the appointment or election of such officers and directors. Such officers or directors shall be required to qualify for a license as required in this chapter. (Ord. 1303, § 1 (part), 1992) 289 Created: 2021-04-26 20:06:13 [EST] (Supp. No. 46) Page 6 of 9 4.68.170 License issuance—Assignment—City council approval required—License nontransferable. A. Upon receipt of the results of the background investigation from the police department, the director will submit the application to the city council for consideration. If approved by the council, the division may be directed to issue the license; provided, however, that all other conditions, restrictions, payment of fees, and compliance with all applicable state statutes and city ordinances have been met. B. A secondhand dealer's license shall be nontransferable and nonassignable to any other person, or place of business, without council approval. C. Any assignee, or transferee, of a valid secondhand dealer's license shall be required to obtain a separate license prior to engaging in the business of a secondhand dealer. D. It is unlawful for any licensee to permit the licensed premises to be managed or utilized by a lessee, or other transferee, who has not first obtained a separate secondhand dealer's license. (Ord. 1907, § 1 (part), 1999; Ord. 1303, § 1 (part), 1992) 4.68.180 License fees. The license fee for a secondhand dealer shall be $125.00 semiannually, payable in advance, and which shall be renewed every six months thereafter. (Ord. 1907, § 1 (part), 1999; Ord. 1303, § 1 (part), 1992) 4.68.200 Display of sign. Every secondhand dealer, except Class I secondhand dealers, shall maintain and display at all times during the period of his license, in a conspicuous place at the public entrance to the licensed premises, a sign in letters not less than six inches in height, bearing the name of such licensee and the words "Secondhand Dealer." (Ord. 1303, § 1 (part), 1992) 4.68.210 Purchase from minors and juveniles—Prohibitions—Exceptions—Conditions. A. It is unlawful for any Class II secondhand dealer, whether acting for himself as licensee, or whether by an employee or agent of the licensee, to purchase any secondhand merchandise as defined herein, from any minor, except with the written consent or direction of the parent or guardian of such minor. Said written permission shall be maintained as part of the records as specified in section 4.68.220. B. It is unlawful for any Class I secondhand dealer, whether acting for himself as licensee, or whether by an employee or agent of the licensee, to purchase any secondhand merchandise as defined herein from any person under 18 years of age, unless the person has title, free and clear, for the motor vehicle, or parts, to be purchased, except with the written consent or direction of the parent or guardian of such person. (Ord. 1907, § 1 (part), 1999; Ord. 1303, § 1 (part), 1992) 290 Created: 2021-04-26 20:06:13 [EST] (Supp. No. 46) Page 7 of 9 4.68.220 Resale time lapse. Except for Class I secondhand dealers, every dealer in secondhand merchandise as defined herein must keep, without concealment, for a period of 30 days, subject to inspection by any police officer or license agent, all merchandise purchased or received a from any person, before selling, shipping, or otherwise disposing of the same. (Ord. 1907, § 1 (part), 1999; Ord. 1303, § 1 (part), 1992) 4.68.230 Recordkeeping—Reporting—Reporting exception—Record retention. A. It is unlawful for any secondhand dealer to fail to keep a substantial and well-bound book, or other appropriate recordation as approved by the chief of police, in which he shall enter in ink, or otherwise typed, at the time of purchase or receipt, legibly, and in the English language and shall be kept in accordance with the provisions of Nevada Revised Statute chapter 647. B. Each secondhand dealer shall make the necessary reports to the police department in accordance with the provisions of Nevada Revised Statute chapter 647 and shall be in a form acceptable to the chief of police or his designee. C. The provisions of subsection B of this section do not apply to any transaction which involves buying, selling or trading used books, periodicals, sound recordings, clothing or coins which are not a part of any jewelry. D. The records required to be kept per subsection A of this section are required to be kept and maintained on the premises for a minimum of three years from the date of original transaction. (Ord. 1907, § 1 (part), 1999; Ord. 1303, § 1 (part), 1992) 4.68.240 Licensee responsible for the acts of employees. Every licensee shall be responsible for the acts of his employees committed during the course and scope of employment. In any license suspension, limitation or revocation proceedings, the fact that the licensee did not have actual knowledge of the events complained of shall be no defense, and every licensee hereunder accepts his license subject to said condition. (Ord. 1303, § 1 (part), 1992) 4.68.250 Licensee's agreement to conform to law. Acceptance of a city secondhand dealer license by a licensee constitutes an agreement on the part of such licensee to be bound by all of the regulations of the city as the same are now, or may hereafter be amended or promulgated. It is the sole responsibility of the licensee to keep himself informed of the content of all such rules and regulations, and ignorance therefore shall not excuse violations. (Ord. 1303, § 1 (part), 1992) 4.68.260 License—Suspension—Revocation—Limitation. The council may deem that any activity on the part of the licensee or employees, or a person previously found suitable, which is contrary to the public health, safety, morals, good order, or general welfare of the residents of the city or the State of Nevada is grounds for disciplinary action which may result in a suspension, 291 Created: 2021-04-26 20:06:13 [EST] (Supp. No. 46) Page 8 of 9 limitation or revocation of the secondhand dealer's license. Without limiting the generality of the foregoing, each of the following reasons are declared to be a basis for disciplinary action: A. Conviction of the licensee of any crime involving theft, fraud, dishonesty, receiving or possessing stolen property, any narcotics violation or any sex offense; or B. Conducting a secondhand dealer business in an unlawful manner or in a manner detrimental to the public health, safety or welfare; or C. Each licensee who violates any provision of title 4 of the Henderson Municipal Code; or D. Each licensee who knowingly fails to report or conceals from the council a full disclosure of the names of all persons having an interest in the ownership of or having an equitable or beneficial right to the profits under a license in which he has an interest; or E. Each licensee who knowingly fails to report or conceals from proper authority any information which it is his duty to supply under any statute, ordinance or regulation of the state or the city; or F. Each licensee who, for conduct subsequent to the issuance of a license, becomes ineligible to hold a secondhand dealer's license as set out in the statutes, ordinances and regulations of the state or city; or G. Each licensee who made a misrepresentation of a material fact in his application to obtain a license; or H. Each licensee whose secondhand dealer's license in any place in the State of Nevada, or in any state or municipality which is empowered to issue a license or permit for the business of secondhand dealer, has been revoked for cause; or I. Each licensee who employs a person without a registration card as required by this chapter; or J. In the case of a category D secondhand dealer, failure to maintain the minimum net assets requirement. (Ord. No. 2910 , § 4, 3-15-2011; Ord. 1907, § 1 (part), 1999; Ord. 1303, § 1 (part), 1992) 4.68.270 Application of other ordinances—Nevada Revised Statutes. A. The terms, conditions and policies of other applicable ordinances are intended to be applied in conjunction with the enforcement of all other ordinances of the city designed for the protection of the public health, safety, morals and welfare. The fact that such ordinances are not specifically referred to in this chapter shall in no manner preclude their application to secondhand dealer licensees. B. The terms, conditions and requirements of this chapter are in addition to those imposed under Nevada Revised Statute [chapter] 647. (Ord. 1907, § 1 (part), 1999; Ord. 1303, § 1 (part), 1992) 4.68.280 Aggrieved parties. Any person aggrieved by this chapter shall, by filing written notice to the city clerk, appeal for relief to the council in accordance with HMC [section] 4.04.210. (Ord. 1303, § 1 (part), 1992) 292 Created: 2021-04-26 20:06:13 [EST] (Supp. No. 46) Page 9 of 9 4.68.290 Violation—Penalty. Any person violating any of the terms and provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine, not to exceed the maximum allowable fine under NRS, or by imprisonment in the city jail for a term not to exceed six months, or by both such fine and imprisonment; and shall subject the licensee to suspension, limitation or revocation of his license. Any person being adjudged guilty of a violation of this chapter, or any of the provisions or prohibitions thereof, may, in the discretion of the council, be denied a license thereafter. (Ord. 1303, § 1 (part), 1992) 293 294 295 296 6.74.010 - Privileged business finding. The City Council finds that the business of secondhand dealers seriously affects the well-being of the City and its residents; that it is necessary to regulate such activities carefully to ensure that persons of honesty and integrity are operating such businesses; and that they are operated in a manner which is responsible to the public. Therefore, secondhand dealers must comply with Chapter 6.06. (Ord. No. 6227, § 1, 12-5-12; Ord. 5060 § 1, 1998: Ord. 3612 § 1, 1991: Ord. 2196 § 2 (part), 1981: prior code § 5-8-1) 6.74.020 - Definitions. As used in this Chapter, unless the context otherwise requires, the following words shall have the meanings ascribed to them as follows: "Advertise" means the use of any newspaper, magazine or other publication, letter, sign, card or other printed matter, radio or television transmission or any other method (including by means of the internet) to bring to the attention of the public that a person is engaged in business as a secondhand dealer. "Antique" means a unique object of personal property that is not less than sixty years old and has special value primarily because of its age. "Collectible" means an object of personal property that has special value primarily because of its unique characteristics and the high level of demand for the object. "General household furnishings," except as limited in this definition, means furnishings and personal effects that are typically found in a home, such as lamps, cloth items, and kitchen and bathroom items for personal use. The term does not include appliances, furniture, electronics, fine art, musical instruments, or any item of personal property that has a specific mark for identification or is otherwise individually identifiable. "Infant/child items" means furnishings, furniture and personal effects that are typically found in a home and used by or for children under the age of ten. Such personal effects include products, bedding, toys, safety items, strollers, car seats and other sundry articles. "Junk" means old iron, copper, brass, lead, zinc, tin, steel and other metals, metallic cables, wires, ropes, cordage, bottles, bagging, rags, rubber, paper, and all other secondhand, used or castoff articles or material of any kind, but does not include scrap metal. "Major home appliance" means a washing machine, clothes dryer, dishwasher, refrigerator or freezer. "Portable electronic device" means a laptop or tablet computing device, electronic reading device (e- reader), cellular phone, smartphone, MP3 player, or any other similar lightweight, electronically operated consumer device. "Precious metals" means gold, platinum, silver and their alloys. "Scrap metal" means nonferrous metals, scrap iron, stainless steel or other material or equipment which consists in whole or in part of metal and which is used in construction, agricultural operations, electrical power generation, transmission or distribution, cable, broadband or telecommunications transmission, railroad equipment, oil well rigs or any lights maintained by the State or a local government, including, without limitation, street lights, traffic-control devices, park lights or ballpark lights. The term also includes catalytic converters, but does not include waste generated by a household, aluminum beverage containers, used construction scrap iron or materials consisting of a metal product in its original manufactured form which contains not more than twenty percent by weight nonferrous metal. 297 "Secondhand dealer" means any person engaged in whole or in part in the business of buying, selling (including by consignment), or trading metal junk, melted metal or secondhand personal property, other than antiques, used books, coins and collectibles. "Specified liquid waste" means non-hazardous organic liquid waste from agricultural or commercial restaurant operations, such as cooking oil. The term does not include sewage, wastewater or any waste from industrial or residential sources. "Sporting equipment" means goods or equipment used for sport or exercise, but excluding firearms. "Wearing apparel" means any garment, article of clothing, covering or related accessory, other than a fur product, that is designed and customarily used to cover or protect any part of the body. (Ord. No. 6547, § 1, 8-17-16; Ord. No. 6227, § 2, 12-5-12; Ord. 5998 § 133, 2008: Ord. 5060 § 2, 1998: Ord. 3612 § 2, 1991: Ord. 3020 § 2, 1982: Ord. 2196 § 2 (part), 1981: prior code § 5-8- 2) 6.74.030 - License required. No person shall: (A) Engage in the business of a secondhand dealer without first obtaining and thereafter maintaining a valid unexpired license pursuant to this Code; or (B) Advertise as a secondhand dealer unless the person holds a valid license to engage in such business. The number of the dealer's business license shall be included in all of his advertising material. (Ord. 3612 § 3, 1991: Ord. 2196 § 2 (part), 1981: prior code § 5-8-3) 6.74.040 - Exemptions. This Chapter does not apply to: (A) Dealers of used vehicles as to those activities for which a license issued by the State Department of Motor Vehicles is required pursuant to NRS 482.322; (B) The buying, selling or trading by a licensed business of used portable electronic devices or major home appliances, but only to the extent acquired by the business as a trade-in or credit upon a buyer's purchase of a new portable electronic device or major home appliance on a one for one basis; (C) The taking in pawn or the selling of unredeemed personal property by a licensed pawnbroker pursuant to Chapter 6.60; (D) The buying, selling or trading of used newspapers and periodicals; (E) A person who engages in the business of buying or selling secondhand firearms or any antique parts, accessories or other equipment relating to those firearms to the extent that the person: (1) Engages in that business at a show that: (a) Is held at: (I) A convention facility which is owned or operated by and located on the premises of a resort hotel; or (II) A recreational facility which is owned or operated by a county fair and recreation board; and (b) Is conducted for not more than seven days during any six-month period; and 298 (2) The person has been issued a license as a manufacturer, importer, dealer or collector pursuant to the provisions of 18 U.S.C. § 923; (F) The buying, selling or trading by a licensed retail business of used video games, videotapes, cassettes, digital video discs, compact discs or sound recordings which have been purchased (or received as trade-ins) from its retail customers, provided that credit only has been given as consideration for the purchases or trade-ins, which credit then can only be used by its retail customers for the rental or purchase of new or used items referenced in this Subsection at any of its licensed business premises; (G) A convention or trade show not exceeding fourteen days in length, provided that convention or trade show exhibitors do not purchase secondhand or used personal property at the convention or trade show; or (H) The buying, selling or trading of wearing apparel, general household furnishings, infant/child items, sporting equipment, musical instruments, or specified liquid waste. (Ord. No. 6547, § 2, 8-17-16; Ord. No. 6227, § 3, 12-5-12; Ord. 5823 § 1, 2006: Ord. 5060 § 3, 1998: Ord. 3020 § 3, 1982: Ord. 2196 § 2 (part), 1981: prior code § 5-8-4) 6.74.050 - Prohibited location. A secondhand dealer's license must not be issued to a location unless the location conforms to the requirements of LVMC Title 19. (Ord. No. 6740, § 1, 6-3-20; Ord. No. 6227, § 4, 12-5-12; Ord. 3816 § 1, 1994: Ord. 2196 § 2 (part), 1981: prior code § 5-8-5) 6.74.060 - Class I licenses. Class I is divided into the following subclasses: (A) Class I-A permits secondhand dealers who dismantle, scrap, process, wreck or disassemble used vehicles and sell the dismantled, wrecked or disassembled parts and accessories, and all secondhand dealers who handle or deal in the salvaging of all other articles, including metals (except precious metals and scrap metal), lumber and junk; (B) Class I-B permits secondhand dealers of the parts and accessories of used vehicles who do not dismantle, scrap, process, wreck or disassemble said vehicles; and (C) Class I-C permits secondhand dealers who deal in scrap metal, either exclusively or in combination with other materials that would qualify under Class I-A or Class I-B. (Ord. No. 6227, § 5, 12-5-12; Ord. 2196 § 2 (part), 1981: prior code § 5-8-6) 6.74.070 - Class II licenses. Class II licenses permit secondhand dealers of any of the following used articles: furniture, fixtures, appliances, tableware, office supplies, pictures, paintings, jewelry, cutlery, guns or other secondhand articles except those which fall within Class I. (Ord. No. 6227, § 6, 12-5-12; Ord. 2196 § 2 (part), 1981: prior code § 5-8-7) 6.74.080 - Class III licenses. 299 Class III licenses permit secondhand dealers who deal exclusively in any one or more of the following kinds of secondhand articles: precious metals, precious or semiprecious gem stones, or articles made wholly or in part of precious metals and/or precious or semiprecious gem stones, including but not limited to jewelry, cutlery, tablewares, housewares, ornaments and decorations. (Ord. No. 6227, § 7, 12-5-12; Ord. 3020 § 4, 1982: Ord. 2196 § 2 (part), 1981: prior code § 5-8- 8) 6.74.085 - Reserved. Editor's note— Ord. No. 6227, § 12, adopted December 5, 2012, repealed § 6.74.085, which pertained to Class IV licenses and derived from Ord. 5060, 1998. 6.74.090 - Bond. Each applicant for a secondhand dealer's license must file and each such licensee must maintain a surety bond with the Department in an amount determined by the Director, with surety acceptable to and approved by the City Attorney. Such bond must be conditioned to be paid to the City or to any person suffering injury by reason of any violation of the provisions of this Code by the principal, the principal's agents or employees, and that the principal therein named will faithfully conform to any conditions or restrictions that may be placed upon the principal's license. (Ord. No. 6227, § 8, 12-5-12; Ord. 3612 § 4, 1991: Ord. 2196 § 2 (part), 1981: prior code § 5-18- 16) 6.74.100 - Fee for license. Each secondhand dealer must pay to the Department in advance, semiannually, a license fee based on the dealer's gross sales pursuant to LVMC 6.04.005. (Ord. 5060 § 5, 1998: Ord. 3612 § 5, 1991: Ord. 2196 § 2 (part), 1981: prior code § 5-8-17) 6.74.110 - Transaction records—Books—Access. Every secondhand dealer shall comply with all applicable requirements of NRS Chapter 647 in addition to the requirements of this Chapter. (Ord. No. 6227, § 9, 12-5-12; Ord. 5998 § 134, 2008: Ord. 3612 § 6, 1991: Ord. 3070 § 1, 1983: Ord. 2196 § 2 (part), 1981: prior code § 5-8-9) 6.74.120 - Reserved. Editor's note— Ord. No. 6227, § 12, adopted December 5, 2012, repealed § 6.74.120, which pertained to transaction records—daily police report and derived from prior code § 5-8-10; Ord. No. 2196, 1981; Ord. No. 3070, 1983; Ord. No. 3612, 1991 and Ord. 5998, 2008. 6.74.130 - Reserved. 300 Editor's note— Ord. No. 6227, § 12, adopted December 5, 2012, repealed § 6.74.130, which pertained to keeping and inspection of goods and derived from prior code § 5-8-11; Ord. No. 2196, 1981; Ord. No. 3070, 1983; Ord. No. 3612, 1991; Ord. No. 3769, 1994 and Ord. 5998, 2008. 6.74.140 - Fence or wall required when. Each premises or enclosure, except a completely enclosed building, used in the conduct of a Class I secondhand dealer's business, must be enclosed by a fence or wall at least eight feet high erected in such a manner as to obscure the premises from public view. Such fence or wall shall be maintained, at all times, in good condition by the licensee. (Ord. 2196 § 2 (part), 1981: prior code § 5-8-12(A)) 6.74.150 - Storage of dismantled parts. It is unlawful for any licensee to pile or store any dismantled motor vehicle or trailer parts in piles exceeding eight feet in height or nearer than two feet from any fence or wall. (Ord. 2196 § 2 (part), 1981: prior code § 5-8-12(B)) 6.74.160 - Vehicle and trailer license plates. Each holder of a Class I-A or Class I-B secondhand dealer's license shall promptly deliver to Metro or the Department of Motor Vehicles all motor vehicle and trailer State license plates attached to any motor vehicle or trailer received by him for resale, exchange, wrecking or dismantling. (Ord. No. 6227, § 10, 12-5-12; Ord. 5998 § 137, 2008: Ord. 3612 § 9, 1991: Ord. 2196 § 2 (part), 1981: prior code § 5-8-13) 6.74.180 - Reserved. Editor's note— Ord. No. 6227, § 12, adopted December 5, 2012, repealed § 6.74.180, which pertained to clothing preparation and derived from prior code § 5-8-15 and Ord. No. 2196, 1981. 6.74.190 - Unlawful acts. It is unlawful for any secondhand dealer or any clerk, agent or employee of a secondhand dealer to violate any provision of this Chapter or of NRS Chapter 647. (Ord. No. 6227, § 11, 12-5-12; Ord. 5998 § 138, 2008: Ord. 3612 § 10, 1991: Ord. 3070 § 4, 1983) 6.74.200 - Electronic communication services—Compliance with Federal law. Nothing in this Chapter is intended or shall be deemed to supersede or conflict with Federal law regarding electronic communication services. (Ord. No. 6547, § 3, 8-17-16) 301 CHAPTER 6.75 - SHORT-TERM RESIDENTIAL RENTALS 302 R7325 - Matters pertaining to the Boulder City Rifle & Pistol Club SUBJECT: For possible action: Matters Pertaining to the Boulder City Rifle & Pistol Club Lease Agreement: A. Resolution No. 7325, a resolution of the City Council of Boulder City, Nevada consenting to renew Agreement No. 00-618A for an additional ten (10) years until August 26, 2031 pursuant to Section 2 of Agreement 00-618A between the City and the Boulder City Rifle and Pistol Club B. Discussion of potential future amendments to the lease agreement to be considered at a later date ADDITIONAL INFORMATION: ATTACHMENTS: Description Type Staff Report Cover Memo Resolution No 7325 Resolution Letter Background info - Agreement 00-618A Backup Material Letter from tenant requesting extension Backup Material Location Map of Leasehold Backup Material 303 City Council Meeting August 24, 2021 Item No. 11 Staff Report TO: Taylour Tedder, City Manager FROM: Diane Pelletier, Finance Director DATE: July 14, 2021 SUBJECT: For Possible Action: Matters Pertaining to the Boulder City Rifle & Pistol Club Lease Agreement: A. Resolution No. 7325, a resolution of the City Council of Boulder City consenting to renew Agreement No. 00-618A for an additional ten (10) years until August 26, 2031 pursuant to Section 2 of Agreement 00- 618A between the City and the Boulder City Rifle and Pistol Club B. Discussion of potential future amendments to the lease agreement to be considered at a later date Business Impact Statement: This action will not have a significant economic impact on business and will not directly restrict the formation, operation, or expansion of a business. Action Requested: It is requested that the City Council consider Resolution No. 7325 to consent to renew Agreement No. 00-618A until August 26, 2031, and if approved discuss and provide direction on whether to enter into discussions with the tenant regarding a lease amendment. Overview: • The Boulder City Rifle and Pistol Club (“Club”) has had a lease with the City to operate the gun range since 1961 • The lease was renewed in 1981, 1991, and most recently in 2001 • The current lease term will end on August 26, 2021 • Existing Agreement provides for one ten (10) year extension upon mutual consent of both parties BOULDER CITY CITY COUNCIL MAYOR KIERNAN MCMANUS COUNCIL MEMBERS: JAMES HOWARD ADAMS CLAUDIA M. BRIDGES MATT FOX SHERRI JORGENSEN ◄ ● ► MEETING LOCATION: CITY COUNCIL CHAMBER 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 MAILING ADDRESS: 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 WEBPAGE: WWW.BCNV.ORG ◄ ● ► CITY MANAGER: TAYLOUR TEDDER, CECD CITY ATTORNEY: BRITTANY LEE WALKER, ESQ CITY CLERK: TAMI MCKAY, MMC, CPO ADMINISTRATIVE SERVICES DIRECTOR: BRYCE BOLDT COMMUNITY DEVELOPMENT DIRECTOR: MICHAEL MAYS, AICP PUBLIC WORKS DIRECTOR: KEEGAN LITTRELL, P.E. UTILITIES DIRECTOR: DENNIS PORTER, P.E. POLICE CHIEF: TIM SHEA FIRE CHIEF: WILLIAM GRAY, CFO FINANCE DIRECTOR: DIANE PELLETIER, CPA PARKS & RECREATION DIRECTOR ROGER HALL 304 • The Club has requested that the agreement be extended for ten (10) years (request attached) Background Information: The Boulder City Rifle and Pistol Club (“Club”) has had a lease with Boulder City since 1961. The History of the leases is as follows: 1961 – Original Lease with the City (20-year term) 1976 – Legal Description was amended and corrected 1981 – Lease was extended for an additional ten (10) year period 1991 – New lease (Agreement No. 91-174) was approved for a ten (10) year period 2001 – New lease (Agreement No. 00-618) was approved for a ten (10) year period 2011 – Lease was amended to provide for boundary changes in the event Interstate 11 was constructed and approved for a ten (10) year period. Option to extend for an additional ten (10) year period upon mutual consent was added to lease as part of amendment. The current lease term is set to expire on August 26, 2021. As per Section 2 of the Lease, the president of the Boulder City Rifle and Pistol Club has requested that the city grant their mutual consent to extend the lease an additional ten (10) years. Resolution 7325, if approved, provides the required mutual consent. For Discussion – Potential Future Amendments The tenant initially requested an amendment to the lease to permit the Club to set the fees independent of city review and approval (section 23 of the lease sets the current fee structure for BC residents). After discussion with the Club President, the Club indicated that they would not seek the amendment at this time, but would like such an amendment to be considered at a later date. The City believes there is opportunity to improve the lease document based on more recent templates the City is using. For example, real property leases typically have provisions regarding the responsibility for prevention and removal of hazardous waste, indemnification, and certain reporting requirements to ensure that the tenant is fulfilling existing obligations. Financial: The lease requires an annual payment of one dollar ($1) throughout the lease term. Historically the Club has made a lump sum payment at the beginning of the lease term to cover the ten year period. Boulder City Strategic Plan Goal: Goal C, “Manage Growth & Development.” 305 Department Recommendation: The Finance Department requests that the City Council consider the request by the Boulder City Rifle and Pistol Club and approve Resolution No. 7325 to renew the agreement term for an additional ten (10) year period pursuant to its terms until August 26, 2031. Attachments: Resolution No. 7325 Agreement No. 00-618A Letter from the Boulder City Rifle and Pistol Club requesting the Term extension City Prepared Map showing location of Leasehold 306 RESOLUTION NO. 7325 RESOLUTION OF THE CITY COUNCIL OF BOULDER CITY, NEVADA, CONSENTING TO RENEW AGREEMENT NO. 00-618A FOR AN ADDITIONAL TEN (10) YEARS UNTIL AUGUST 26, 2031 PURSUANT TO SECTION 2 OF AGREEMENT 00-618A BETWEEN THE CITY AND THE BOULDER CITY RIFLE AND PISTOL CLUB WHEREAS, the Boulder City Rifle and Pistol Club (“Club”) has had a lease with Boulder City since 1961 to operate a shooting sports facility on City-owned land; and WHEREAS, the City has renewed the lease with the Club in 1981, 1991, 2001, and 2011 so that the Club can continue to operate the shooting sports facility; and WHEREAS, Section 2 of the current lease provides for one term extension for a ten (10) year period upon mutual consent of both parties; and WHEREAS, the Club has made a written request to extend the Term to August 26, 2031; and WHEREAS, the City desires to grant their consent to the term extension. NOW, THEREFORE, BE IT RESOLVED that City Council consents to renew Agreement 00-618A for an additional ten (10) year period until August 26, 2031. DATED and APPROVED this 24th day of August 2021. __________________________ Kiernan McManus, Mayor ATTEST: ______________________________ Tami McKay, City Clerk (Seal) 307 Inst#: 201202060000001 Fees: $28.00 N/C Fee: $25.00 02/06/2012 08:00:48 AM APN# 186-14-101-001 Receipt#: 1056963 Requestor: 11-digit Assessor's Parcel Number may be obtained at: BOULDER CITY CITY http://redrock.co.clark.nv.us/assrrealprop/ownr.aspx Recorded By: MSH Pgs: 12 DEBBIE CONWAY CLARK COUNTY RECORDER Ordinance No. 1472, a lease amendment between the City of Boulder City and Boulder Rifle and Pistol Club, Inc. Type of Document Example: Declaration of Homestead, Quit Claim Deed, etc.) Recording Requested By: Lorene Krumm, City Clerk of Boulder City Return Documents To: Name Lorene Krumm Address PO Box 61350 City/State/Zip Boulder City NV 89006 This page added to provide additional information required by NRS 111.312 Section 1-2 An additional recording fee of$1.00 will apply) This cover page must be typed or printed clearly in black ink only. OR Form 108 - 06/ 06/2007 Coversheet.pdf 308 Amendment No. 00-618A LEASE Ili THIS LEASE made and entered into this 3 day of L.• , 2011 , by and between BOULDER CITY, NEVADA, a municipal corporate organized under the laws of the State of Nevada, hereinafter referred to as "CITY", and THE BOULDER RIFLE AND PISTOL CLUB, INC., a Nevada Non-Profit Cooperative Corporation without Stock, hereinafter referred to as "LESSEE." WITNESSETH: WHEREAS, Lessee has operated a rifle range on certain property located on CITY owned land for over 60-years; and WHEREAS, the Lessee operates the rifle range for the use of its members and the general public without discrimination; and WHEREAS, the CITY is desirous to continue to provide this recreational opportunity, with due regard to the convenience, health, welfare and safety of all persons; and WHEREAS, it is the desire of CITY and Lessee to continue the formal lease agreement covering the property on which Lessee operates; NOW, THEREFORE, in consideration of the covenants and agreements set forth below, the parties hereto hereby agree as follows: 1 .Demised Premises: that property located in Boulder City, Nevada, a municipal corporation, described on the Legal Description as Lease Area "A" being 473.23 acres and Lease Area "B" being 81 .28 acres attached hereto as Exhibit 1 . The Lease areas are depicted on the Record of Survey attached hereto as Exhibits 2. 2. Term and Termination: Lessee shall have a lease on Area "A" for a period of ten (10) years beginning August 27, 2011 . Lessee shall have a lease on Area "B" beginning August 27, 2011 until such times the City serves the Lessee with written notice of termination or for a period of ten (10) years, whichever comes first. After 10- years from the date stipulated in this paragraph, the agreement may be extended an additional 10-years with the written consent of both the City and the LESSEE. 3.Earlier Termination. The CITY or Lessee may terminate this agreement upon six (6) month written notice to the other party. In the event of any early termination, all conditions spelled out herein shall apply. In the event that CITY terminates this lease, Lessee agrees to hold CITY harmless and free of liability for the 309 cost of any improvements made to the premises, or any other costs incurred by Lessee in its use or development of the premises. In the event of any early termination of this lease, all other conditions set forth in the lease shall apply. In addition, the Lessee shall remove itself, its agents and its property from the premises leased hereunder forthwith. Unless the Lessee has removed its property from the premises hereunder leased within one year of such termination, then said property shall become the property of the CITY. 4.In the event Lessee shall become inactive and shall cease to operate as a club for the promotion of the use of the rifle range and marksmanship in connection therewith, this lease shall become null and void. 5.It is hereby covenanted and agreed that this lease is non-assignable and no part or portion thereof may be subleased without the specific written consent of CITY, which consent may be withheld for whatever reason is considered justifiable by CITY. 6.Lessee shall pay to CITY for rent of the premises leased hereunder the sum of ONE DOLLAR ($1 .00) per year, due on or before the first Thursday of October each year. 7. CITY hereby reserves the right to run drainage facilities, sewer or water lines under the surface of the property leased hereunder and to erect electric lines over and across the premises leased hereunder, including the right to install poles to support the same. In the latter event, CITY agrees to first consult with Lessee so as to minimize any interference with the operation by Lessee of the premises leased hereunder. 8. The use of the range, or ranges, maintained by Lessee on the property leased hereunder shall be open to use by law enforcement employees of the CITY at no cost, providing they obey the reasonable and uniform rules and regulations laid down by Lessee for the use of such range or ranges. 9. The parties hereto agree that the Lessee shall regularly hold events, either organized or without specific organization, that shall be open to participation by residents of Boulder City who are not members of the Lessee. Such non-member participants shall only be charged nominal fees directly related to the activity in which they are participating. 10. It is specifically understood and agreed by Lessee that they shall maintain the property leased hereunder in such a manner that their use thereof will not be unsightly or dangerous to surrounding property owners. 11 . Lessee specifically covenants and agrees to assume any and all liability in connection with the payment of any and all charges for taxes, utilities or rent in 310 connection with the use of the property leased hereunder and, further, Lessee agrees to pay the same when due. 12. Lessee covenants and agrees to maintain a liability policy in the amount of 1 ,000,000 on which the City shall be named insured so as to protect the City from claims of a third person or persons who may be injured in the use of the premises hereunder. Lessee further covenants to forward a copy of the policy to the Boulder City Finance Department thirty (30) days after each renewal and receipt of the policy document. Said policy shall provide for thirty (30) days prior written notice to CITY of any cancellation of said policy. CITY requires that each participant in Lessee's shooting activities must sign a release of liability releasing the Boulder Rifle & Pistol Club and the City of Boulder City from any liability for injury or death arising from incidents during participation in scheduled club activities. 13. During the term of this agreement and any extensions thereof, Lessee shall adhere to all applicable laws, ordinances and regulations in its use of the property and shall use the property as a rifle and pistol range and for no other purpose without the prior written consent of the CITY. Compliance to applicable laws shall include, but not be limited to, the following specific elements: 13.1 The municipal code of the CITY. This shall include Lessee submitting plans and obtaining permits from the CITY prior to any improvements being constructed on the leased property. The LESEE shall be responsible for all costs associated with preparation of plans and normal permit fees stipulated in the CITY Code. 13.2 Statutes and regulations of the State of Nevada, and all applicable Federal laws, statutes, or regulations. 14. In case of a breach of any condition of this lease, provided said breach can be cured, the Lessee shall be entitled to ten (10) day's notice to correct the condition. If the breach of condition has not been corrected within the ten (10) day period, or if the breach is one that cannot be cured, then the CITY shall be entitled to give notice of cancellation of said lease and Lessee shall remove itself, its agents and its property from the premises leased hereunder forthwith. Unless the Lessee has removed its property from the premises hereunder leased within one year of such cancellation, then said property shall become the property of the CITY. Lessee agrees to keep CITY notified at all times of the name and address of the Secretary of the Lessee corporation and it is agreed by Lessee that notice to the Secretary shall constitute notice to the Lessee. 15. The Lessee shall have the right to fence the premises leased hereunder for the protection of all concerned. However, this right of fencing shall in no way interfere with CITY's rights under Paragraph 5 above. Should any fence so interfere with CITY's rights as aforesaid, the same shall be removed by Lessee demand of CITY. 311 16. In the event the Lessee elects to erect a fence, the Lessee agrees to post signs at intervals no less then 100 yards designating the area "Rifle Range, No Trespassing," or any other language desired by CITY. 17. The City reserves the right to access the site at anytime to conduct inspections and insure compliance with this agreement. Reasonable advance notice shall be given to Lessee prior to any such inspection. 18. Lessee shall follow the United States Environmental Protection Agency's Best Management Practices for Lead at Outdoor Shooting Ranges as specifically described below: 18.1 Control and contain lead bullets and bullet fragments with the use of earthen backstops and restrict shooting to areas where bullets will be contained. This effort shall also include reducing the shotfall zones for shotgun areas. All backstops and shotfall zones shall be documented on maps. 18.2 Prevent the migration of lead from the containment areas by controlling runoff with the use of dams, dikes, or ground contouring. 19. Lessee agrees to fence the perimeter of the actively used area by October 7, 2013. The fencing shall not obstruct the present dirt access road traversing the southwest corner of the property. 20. Lessee shall not allow public agency use of the facility without the express written consent of Boulder City. 21 . Lessee shall only allow limited commercial use of the facility so as not to interfere with the use and enjoyment of club members. All commercial businesses operating at the site must have a Boulder City business license. In addition, all commercial operations must execute the insurance/waiver of liability agreement provided by the LESSEE. 22. The City is aware of unpermitted structures located on the property that were constructed or installed prior to December 13, 2011 . These structures do not meet City Code and therefore the City is unable to provide Certificates of Occupancy for these structures. Per this agreement, the LESSEE relieves the City of any and all liability regarding these structures. The City encourages LESSEE to implement as many public safety measures as economically practical for these structures, e.g. providing emergency egress. For any and all structures constructed or installed following the effective date of this agreement, the LESSEE must apply for permits and follow the City Codes as stipulated above. 312 23. The fee structure for Boulder City residents shall be as follows: 23.1 $125 to join and $75 annual renewal; or 23.2 $10 for 2 hours; and Fees for Boulder City residents shall not increase without prior approval of the CITY. The remainder of this page intentionally left blank] 313 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 00- 618A as of the date first set forth above. DATE OF CITY COUNCIL ACTION: be c n y ab. - 13, ao I I CITY OF BOULDER CITY Boulder Rifle and Pistol Club: City: City of - t, •- City 1/ 1/- a --x-*L'i 1 .,-AN:— —41.....4 41" ...41 Harry H rich, Pre ent MAYES City Manager ATTEST: C769/241-e V-1-'f-All"L"--- Lorene Krumm - City Clerk APP V E l A TO FORM: diliP J-7 DAVE OLSEN City Attorney STATE OF NEVADA SS. COUNTY OF CLARK On this Z' day of 142e •, 2011 , personally appeared before me, the undersigned, a Notary Public, Harry Helfrich, personally known (or proved) to me to the person whose name is subscribed to the above instrument who acknowledged that he executed the instrument. C1901-e-AA--e 1 . it s sU rev NOTARY PUBLIC aedate No.064105131i Oak ca ,r 314 EXHIBIT 1 THE BOULDER RIFLE AND PISTOL CLUB, INC. LEASE AREA "A" LEGAL DESCRIPTION A LEASE FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING A RIFLE AND PISTOL RANGE IN, OVER, UNDER AND UPON THAT PORTION OF SECTION 14, TOWNSHIP 23 SOUTH, RANGE 64 EAST, M.D.M., IN THE CITY OF BOULDER CITY. COUNTY OF CLARK, STATE OF NEVADA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST (SE) CORNER OF SAID SECTION 14 A GOVERNMENT LAND OFFICE (GLO) BRASS CAP DATED 1931. SAID POINT BEING ON THE BOUNDARY OF THE LAKE MEAD NATIONAL RECREATION AREA; THENCE NORTH 0°29'15" WEST 2639.34 FEET ALONG THE WEST LINE OF THE LAKE MEAD NATIONAL RECREATION AREA TO THE EAST QUARTER (E1/4) CORNER OF SAID SECTION 14, A GLO BRASS CAP DATED 1931; THENCE NORTH 0°29'12" WEST 2641.38 FEET ALONG THE WEST LINE OF THE LAKE MEAD NATIONAL RECREATION AREA TO THE NORTHEAST (NE) CORNER OF SAID SECTION 14, A GLO BRASS CAP DATED 1931; THENCE SOUTH 89°33'06" WEST 2639.70 FEET TO THE NORTH QUARTER (N1/4) CORNER OF SAID SECTION 14, A GLO BRASS CAP DATED 1931; THENCE SOUTH 89° 30' 59" WEST 152.75 FEET ALONG THE NORTH LINE OF THE NORTHWEST QUARTER (NW1/4) OF SAID SECTION 14 TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY FOR THE PROPOSED BOULDER CITY BYPASS PHASE 2, NEVADA DEPARTMENT OF TRANSPORTATION PROJECT NO. EA 73320, SAID POINT BEING 300.00 FEET PERPENDICULAR TO THE CENTERLINE OF SAID PROPOSED BOULDER CITY BYPASS; THENCE SOUTH 22°20'45" WEST 5727.64 FEET ALONG SAID RIGHT-OF- WAY TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER (SW1/4) OF SAID SECTION 14; THENCE NORTH 89° 33'19" EAST 2372.09 FEET TO THE SOUTH QUARTER (S1/4) OF SAID SECTION 14, A GLO BRASS CAP DATED 1931; THENCE NORTH 89° 33'17" EAST 2642.95 FEET TO THE POINT OF BEGINNING. CONTAINS 473.23 ACRES. THE BASIS OF BEARING FOR THIS DESCRIPTION IS GRID NORTH, AS DEFINED BY THE NEVADA STATE PLANE COORDINATE SYSTEM, EAST ZONE (2701). Prepared by: Richard A. Ariotti, Nevada P.L.S. No. 7953 Acting as Agent for: RICHARD A. 't9rn J E.G. Radig, Inc. ARIOTTI : O 1577 Foothill Drive #1 I w;Exp: -, t-/ r 1 Boulder City, NV 89005 o y'•.• Phone: (702) 293-3330 0 Fax: (702) 293-6153 t' °• 7953 . 315 EXHIBIT 1 THE BOULDER RIFLE AND PISTOL CLUB, INC. LEASE AREA "B" LEGAL DESCRIPTION A LEASE FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING A RIFLE AND PISTOL RANGE IN. OVER. UNDER AND UPON THAT PORTION OF SECTION 14, TOWNSHIP 23 SOUTH, RANGE 64 EAST. M.D.M.. IN THE CITY OF BOULDER CITY, COUNTY OF CLARK, STATE OF NEVADA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST (SW) CORNER OF SAID SECTION 14 A GOVERNMENT LAND OFFICE (GLO) BRASS CAP DATED 1931; THENCE NORTH 0°28'24° WEST 990.53 FEET ALONG THE WEST LINE OF THE SOUTHWEST QUARTER (SW1/4) OF SAID SECTION 14 TO POINT ON THE SOUTHEASTERLY LINE OF A 100-FOOT WIDE RIGHT-OF-WAY A BUREAU OF LAND MANAGEMENT POWER LINE EASEMENT SERIAL NUMBER NVCC-020736; THENCE NORTH 21°37'44" EAST 4628.70 FEET ALONG SAID SOUTHEASTERLY LINE TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER (NW1/4) OF SAID SECTION 14: THENCE NORTH 89° 30'59" EAST 747.15 FEET ALONG SAID NORTH LINE TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY FOR THE PROPOSED BOULDER CITY BYPASS PHASE 2, NEVADA DEPARTMENT OF TRANSPORTATION PROJECT NO. EA 73320, SAID POINT BEING 300.00 FEET PERPENDICULAR TO THE CENTERLINE OF SAID PROPOSED BOULDER CITY BYPASS; THENCE SOUTH 22° 20'45" WEST 5727.64 FEET ALONG SAID RIGHT-OF-WAY TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER (SW1/4) OF SAID SECTION 14; THENCE SOUTH 89°33'19" WEST 267.44 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. CONTAINS 81.28 ACRES. THE BASIS OF BEARING FOR THIS DESCRIPTION IS GRID NORTH, AS DEFINED BY THE NEVADA STATE PLANE COORDINATE SYSTEM, EAST ZONE (2701). Prepared by: 111-% • Richard A. Ariotti, Nevada P.L.S. No. 7953 4' Y"'•itr Acting as Agent for: r '1 / -c,fi i RICHARD A. cn tj E.G. Radig, Inc.Q ARIOTTI o Cl) : m 51577FoothillDrive #1 t y•;Exp:1-` =d-`--? /77 Boulder City, NV 89005 1 `'p •.• a i Phone: (702) 293-3330 1id' y••'•••••••••'•• a •1 Fax: (702) 293-6153 k' `79E. ZLLH 316 EXHIBIT B RECORD OF SURVEY recorded 12/22/2011 . Please see the following: File No. 185, page 51 of surveys Recorded 12/22/2011 Official Records Book No. 20111222, December 22, 2011 Doc. No. 01779 317 RECORD OF SURVEY SURVEYORS CERTIFICATE COUNTY OF CLARK-----STATE OF NEVADA R> DA R,T,,NxrEBRDt vDtRNC cRRINE I,A7E aAd 1gNFr R•Al CITY OF BOULDER CITY t.tItAIR,AN--I AD a,NA,ER EPRE TAI•DND LtiIAN t9NE.ED",oER Sait CORNER r;DDAls0 NO.'NE SECTION 14 SwLVSwAT THE NBTN.0)CIY LRew-DER CT,.NEVADA OULOER CRY LAYDPSL AND HAS BEEN ROMRSED N TT.C. OiEii eiis TOWNSHIP 23 SOUTH,RANGE 64 EAST,11 D.M. 1(NEUNOSSURN[KDLEwTNN.sEC1RN NI I DNNSNr:E Ean1 RN.OEGFAt1 N DN CE S1 OE HAN RB AND DC ttNEY\M9C0W.i1EUa1NW8l 22 PI h p'; "ir ARRA1 com Ns NFDNPNGSE AA1E STAME*ANDMV\aw ai0WVP5 N 89']0'S9"E 284034' e A " • '' 4 1.7...1TRME.I11EOIARACTDN 910NN AND OOM,1IETi9R10NSm0CATEo 2 L`` 114 CORNER pw c bvTMI VOIR03EoICYiACiEM0i9'. 7 . RTE elialialliiiill THE BOULDER RIFLE AND PISTOL CLUB.INC / / LEASE AREA"B•' 8126 ACRES 9 REFERENCES R 1.Fun PACES,.0.11.. 14 / Rl.R.U.1Mt1RMWODENIIB-MI IMEYER TOLE VAT 7 FOR'o,.oSnv:3ss.1N,NAN'MEB4 EASE eD8 z It 3.BREN.SUtYiNAW0EMH/t:7OEPENDEYI RERR*EY Fa' O7*9IR 71 s01PN RANGE S4EA$T.8 058.DATED NPNt 12 123I 7 R4.001bPAOC,I.9JINEK Y /A.s.,...0.NRRENT CF 0.713PRN1AT.1,101.0 02.10NACOLAss7 NO / N NESS TO HOOVER dN.PROJECT NO EA:Sin 0A4 6 RS. YC P140IFCT AABBIMOBSTJC t' / 8/ Z 4 1= go A LEGEND 714 CORNER 9 e U OUNC DL 9 BHA.COP DATED NIL fi / a v Q J Aglj 1) h THE BOULDER RIFLE AND PISTOL CLUB,INC. 11-COE:Nrs Z O E"SEAND"B°E'E+C++" 4* / ./ P LEASE AREA"A'Q CASES.-:8 GIST..AWP,NAIL NE ti 47323 ACRES Z LINE TABLE UJ L.ILE 0*081NN° a9HCE 1.4 29 11 TAx014.• NSD XMOE 107 7, Y BASIS OF BEARNG 70.J / NEVAd STATE PLANE CCORDNATE N....-I.T1 mg LOBE As PER DENARTIf_NT Cr 7RAKPCP'AT1ON PRE..NO.LIg Lo / / u N fillih,:- P i Abq, O F 01T s „ NAME..TCEAN9es 7o Me NAP w]JLD BE N' VICINITY MAP D N.'ED AND NAY RP OCIPNM.NED aI PPFPRENCE R 70111 SCALE 11 NEco,ITY IIECCNCCT9 CUN,LATn[NAP no. V R S VS 5,95 z/ RECORD OF SURVEY 7COUNTYOFCLARK--STATE OF NEVADA CII V OF BOULDER CITY Eli EECDr!J Ie FKpA1'eMoven Or 111 Tpy}ISERa:15;Yi',i HANCE^4 Pnei V X33 f•I/ t0 RADA NC NU 6' 11[CORNER a E CRANE CIVK,WLCER<ii DATA VI_tl y g NA9"1T'1"=7E424.i ANm n.RAA F._PADS__ n$uI-N, i rrs97.!'i E.G.RADIG,INCa+RNEYS l/,. S77 FOOTHILL DR BI BOULDERCITY,NEVADA s=c0L RFC0006 scot N0/ / 702)293-n3c moos FAC(/02N0T-E15] CLAM ca...RECORCEP e,.11W... RR DEP.CONNMV w) JOB NO.189.011 2 1 v 318 319 320 Boulder City Rifle & Pistol Club Environs Map prepared by: Brok ArmantroutContracts/Real Estate ManagerCity of Boulder City, Nevada Version: 1.0Reprint Date: 8/1/2021 §¨¦11 LANDFILL Boulder CityRifle & Pistol Club Legend BC Rifle and Pistol Club Landfill Transmission Lines ± 0 4,0002,000 Feet CITY Property Ownership 321 Noise ordinance discussion SUBJECT: For possible action: Discussion and direction regarding a potential revision of the Boulder City noise ordinance ADDITIONAL INFORMATION: ATTACHMENTS: Description Type Staff Report Cover Memo Draft noise ordinance Backup Material Decibel levels Backup Material 322 City Council Meeting August 24, 2021 Item No. 12 Staff Report TO: Mayor and City Council FROM: Brittany Walker, City Attorney DATE: August 17, 2021 SUBJECT: For possible action: Discussion and direction regarding a potential revision of the Boulder City noise ordinance Business Impact Statement: This action will not have a significant economic impact on business and will not directly restrict the formation, operation, or expansion of a business. Action Requested: That the City Council discuss and provide direction regarding the potential revision of the Boulder City noise ordinance Overview: • NRS 268.412 provides for the prevention of excessive noise by granting to the City Council the power to enact an ordinance to regulate, control, and prohibit, as a public nuisance, excessive noise which is injurious to health or which interferes unreasonably with the comfortable enjoyment of life or property within the boundaries of Boulder City. • Title 7, Chapter 1, Section 11 of the Boulder City Code makes it unlawful for any person to make or cause to be made any loud, disturbing, or unnecessary sounds or noises such as may tend to annoy or disturb another in or about any public street, alley, or park or any private residence. • The current Code is susceptible to constitutional challenges for being overbroad and ambiguous. • The new amendment proposes to overcome these challenges. Background: Our current ordinance reads: “No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises such as may tend to annoy or disturb another in or about any public street, alley or park or any private residence.” Boulder City Code 7-1-11. BOULDER CITY CITY COUNCIL MAYOR KIERNAN MCMANUS COUNCIL MEMBERS: JAMES HOWARD ADAMS CLAUDIA M. BRIDGES MATT FOX SHERRI JORGENSEN ◄ ● ► MEETING LOCATION: CITY COUNCIL CHAMBER 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 MAILING ADDRESS: 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 WEBPAGE: WWW.BCNV.ORG ◄ ● ► CITY MANAGER: TAYLOUR TEDDER, CECD CITY ATTORNEY: BRITTANY LEE WALKER, ESQ CITY CLERK: TAMI MCKAY, MMC, CPO ADMINISTRATIVE SERVICES DIRECTOR: BRYCE BOLDT COMMUNITY DEVELOPMENT DIRECTOR: MICHAEL MAYS, AICP PUBLIC WORKS DIRECTOR: KEEGAN LITTRELL, P.E. UTILITIES DIRECTOR: VACANT POLICE CHIEF: TIM SHEA FIRE CHIEF: WILLIAM GRAY, CFO FINANCE DIRECTOR: DIANE PELLETIER, CPA PARKS & RECREATION DIRECTOR ROGER HALL 323 It has been the opinion of multiple City of Boulder City Attorneys, including the current City Attorney, that this ordinance could be subject to constitutional challenges for being vague and overbroad. The proposed draft ordinance seeks to define certain terms and to identify specific prohibited acts in order to be less vague and ambiguous. Additionally, this draft seeks to more narrowly describe what behaviors are permissible and what are not with respect to noise regulation. It also proposes to identify certain hours of the day and days of the week in which some noises will be tolerated. Lastly, it sets maximum decibel levels that can be enforced through the use of a sound level meter. The City Attorney believes this ordinance provides Boulder City with sufficient language to enforce against noise disturbances within the City without the use of a sound level meter through the use of objective criteria to evaluate the disturbance. Additionally this ordinance will allow for the policing of noise with a sound level meter when we have an appropriately trained person and proper equipment. Here is a section-by-section breakdown of the draft ordinance. 7-6-1 Short title 7-6-2 Definitions – these detailed definitions help aid interpretation of the statute for enforcement. The definitions of “Daytime” and “Nighttime” reflect summer and winter daylight changes. 7-6-3 General prohibition – this generally prohibits noise disturbances and also makes it clear that a person that has an agreement with another person to create noise that results in a noise disturbance can be held responsible under the statute (i.e., a restaurant owner that hires a band). 7-6-4 Defines certain noise disturbances specifically including without limitation: • Loud TVs or music played at night • Using loudspeakers or megaphones at night • Yelling/shouting at night • Intentional use of hours or alarms • Construction in or adjacent to residential areas. Permitted, City contracted work, and the operation of domestic power tools are specifically exempt from the provisions of the Chapter in Section 7-6-7. 7-6-5 Sets maximum permissible sound levels. This section is essentially another means of enforcement setting maximum decibel levels for different areas at different times. Any noise that exceeds these levels would be prohibited in addition to the specific types of noises enumerated in Section 7-6-4. Use of a sound level meter would not be required for enforcement of this ordinance. 7-6-6 Further prohibits noise disturbances that disturbs, annoys, or otherwise adversely 324 effects the public, and lists objective factors to consider whether the noise qualifies as a noise disturbance. 7-6-7 Exempts certain types of noises including emergency noises, civic functions, and construction noise if it is daytime permitted work with earlier work hours in the summer months versus the winter months. 7-6-8 Sets forth how the Chapter may be enforced empowering the Boulder City Police Department and any other City official charged with enforcing the provisions of the Chapter such as the Code Enforcement Officer to investigate the noise. If a sound meter is used, this section also explains how the sound must be measured (i.e., from the property line of the complainant’s property). A sound meter is not required to be used. The police or Code Enforcement Officer, as an authorized official, can act as the complainant that can experience the noise and enforce the ordinance. It does not require a third party to complain. 7-6-9 Provides that violations of the Chapter are a misdemeanor. Boulder City Strategic Plan Goal: Goal E. Sustain a High Level of Public Safety Services Department Recommendation: That the City Council discuss and provide direction regarding the potential revision of the Boulder City noise ordinance. Attachments: • Draft noise ordinance • Decibel level chart 325 Exhibit A to Bill XXXX EXHIBIT A EXPLANATION: Bold underlined text is new; bracketed and stricken [--] text is to be repealed. 7-6-1 – Short Title. This Chapter shall be known and may be cited as the Boulder City Noise Ordinance 7-6-2 – Definitions. For purposes of this Chapter, unless the context otherwise indicates, the following terms shall have the meanings that are ascribed to them as follows: “Ambient sound level” means the composite sound level associated with a given environment, being usually a composite of sound from many sources and generally excluding the specific sound under investigation. “Authorized official” means an officer of the Boulder City Police Department or an officer or employee of the City assigned to administer or enforce this Chapter. “Commercial use” means the use of real property predominantly for purposes of commerce, except for uses qualifying as residential uses or industrial uses. “Continuous sound” means any sound which does not vary in sound level more than 5 dB(A) during a measurement period that lasts at least sixty continuous minutes. “Cyclically varying sound” means any sound which varies in sound level more than 5 dB(A) during a measurement period such that the same level is obtained repetitively at reasonably uniform intervals of time less than ten minutes. “Daytime” means the following periods Months Time April through October The period between 7:00 a.m. and 10:00 p.m November through March The period between 7:00 a.m. and 9:00 p.m. “Emergency” means an occurrence or set of circumstances that involves actual or imminent threat of injury, damage or other loss and which requires immediate action. “Impulsive sound” means any sound or vibration of short duration that has an abrupt increase and abrupt decay. “Industrial use” means the use of real property predominantly for purposes of manufacturing, processing or assembling goods or products. “Motor vehicle” means any motorized vehicle, other than a farm tractor, that is propelled or drawn on land by a motor, whether tracked or wheeled, such as, but not limited to, passenger cars, trucks, truck-trailers, semi-trailers, campers, off-road vehicles, motorcycles or racing vehicles. “Nighttime” means the following: 326 Exhibit A to Bill XXXX Months Time April through October The period between 10:00 p.m. and 7:00 a.m November through March The period between 9:00 p.m. and 7:00 a.m. “Noise” means a sound that does not occur in the natural environment and is unwanted or tends to be disruptive or unpleasant. “Noise disturbance” means any sound identified as a noise disturbance in sections 7-6-X to 7-6- X of this Chapter. “Noise sensitive use” means a use of real property that is exceptionally sensitive to noise disturbance, including places of worship, libraries, educational facilities, hospitals, residences or uses containing sleeping quarters. “Octave band sound pressure level” means the sound pressure level detected in any band of frequencies one octave wide. “Plainly audible” means any sound for which the information content is unambiguously communicated to the listener, such as, but not limited to, understandable speech, comprehension of whether a voice is raised or normal, repetitive bass sounds, or comprehension of musical rhythms, without the aid of any listening device. “Public right-of-way” means any street, avenue, boulevard, highway, sidewalk, alley or similar place which is owned or controlled by the City of Boulder City. “Public property” or “public space” means any real property, or structures thereon, which are owned or controlled by the City of Boulder City. “Pure tone” means any sound that can be heard as a single pitch or combination of pitches. For purposes of this Chapter, a pure tone exists if the one-third octave band sound pressure level in the band with the tone exceeds the level in the two contiguous one-third octave bands by 5 dB in bands 500 Hz and above, by 8 dB for bands between 160 and 400 Hz, and by 15 dB for bands below 125 Hz. “Real property boundary” means an imaginary line along the ground surface (and its vertical extension) which separates adjoining parcels of real property, but not including intra-building real property divisions. “Real time analyzer” means a sound level meter that also measures and displays the frequency spectrum of an audio signal. “Receiving land use” means the category of use of real property at a particular location where a measurement of sound level takes place. “Residential use” means the use of property predominantly for residential dwelling units. “RMS sound pressure” means the square root of the time averaged square of the sound pressure. 327 Exhibit A to Bill XXXX “Sound level” means the conversion of sound pressure to a logarithmic measure called the decibel. “Sound level meter” means an instrument, including a microphone, amplifier, RMS sound pressure detector, integrator or time average device, output meter and weighting networks, all of which are sensitive to minute pressure fluctuations. When properly calibrated, the output meter reads sound pressure level. Such a meter shall be Type 1 or Type 2 as defined by appropriate American National Standards Institute standards. “Sound pressure level” means twenty times the logarithm to the base ten of the ratio of the RMS sound pressure to the reference sound pressure, which shall be 20 micropascals. 7-6-3 General Prohibition. It is unlawful to create or cause to be created a noise disturbance. For the avoidance of doubt, a person that has an agreement with another person to create noise that results in a noise disturbance pursuant to this Chapter has caused to be created a noise disturbance pursuant to this section 7-6-3. 7-6-4 Noise Disturbances. The following are declared to be noise disturbances under this Chapter: A. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or intensifies sound during nighttime hours in such a manner as to be plainly audible at a distance of one hundred feet on a public right-of-way or on public property, except as otherwise allowed pursuant to a permit or agreement approved by the City. B. The unreasonably loud and raucous use or operation of a loudspeaker, amplifier, public address system, or other device for producing or reproducing sound during nighttime hours within or adjacent to a residential or noise sensitive area, or within any real property or structures on real property, owned or operated by a government entity and normally accessible to the public if the sound is plainly audible across the real property line of the public space from which the sound emanates, and is unreasonably loud or raucous. C. Yelling, shouting, hooting, whistling or singing on the public streets during nighttime hours so as to unreasonably annoy or disturb the quiet, comfort or repose of any persons of ordinary sensibilities. D. The intentional sounding of horns or other audio signaling devices on or in any motor vehicle on any public right-of-way or public property, except as a means of warning as authorized by motor vehicle laws. E. Creating noise on any street that is adjacent to any property with a noise sensitive use and which unreasonably interferes with the operation thereof. F. Except as otherwise provided in Section 7-6-7, the construction, erection (including excavation), demolition, alteration or repair of any building in or adjacent to any new or existing residential district or section, the excavation of streets and highways in or adjacent to any new or existing residential district or section, including without limitation work 328 Exhibit A to Bill XXXX conducted pursuant to section 9-1-24, except in case of urgent necessity in the interest of public health and safety. G. Causing or permitting the sounding of any exterior burglar alarm or any motor vehicle burglar alarm unless the alarm is terminated within fifteen minutes after its activation. 7-6-5 Maximum Permissible Sound Level. A noise disturbance also includes any noise that exceeds the maximum permissible sound levels set forth in Maximum Permissible Sound Level Table 2 at the end of this section 7-6-5. Sound levels may be measured at or within the real property boundary of the receiving land use. The noise measurement shall be an A-weighted averaged (Leq) for a minimum duration of fifteen minutes. If the existing ambient noise level not including the source of the noise complained of exceeds the applicable sound level in Maximum Permissible Sound Level Table 2, the maximum permissible noise level shall be deemed to be 3 dB above the existing ambient noise level. For any source of sound emitting a continuous or pure tone, or cyclically varying sound, or repetitive impulsive sound, the maximum sound pressure level set forth in Maximum Permissible Sound Level Table 2 shall be reduced by 5 dB. Noise measured using a real time analyzer will be considered tonal if the one-third octave band sound pressure level in the band with the tone exceeds the level in the two contiguous one-third octave bands by 5 dB in bands 500 Hz and above, by 8 dB for bands 160 and 400 Hz, and by 15 dB for bands below 160 Hz. MAXIMUM PERMISSIBLE SOUND LEVEL TABLE Receiving Land Use Time of Day Maximum Permissible Sound Level (L eq) Residential Use, Noise Sensitive Use All times 60 Commercial or Industrial Use Daytime 120 Commercial or Industrial Use Nighttime 120 7-6-6 Other Noise Disturbances. A. In addition to the noise disturbances described in Section 7-6-X through 7-6-X, inclusive, a noise disturbance also includes any other sound which: 1. Disturbs or annoys reasonable persons of normal sensitivities; 2. Causes or tends to cause an adverse effect on the public health and welfare; 3. Endangers or injures people; or 4. Endangers or injures personal or real property. 329 Exhibit A to Bill XXXX B. In determining whether a sound constitutes a noise disturbance under Subsection (A), all of the following factors shall be taken into account: 1. The sound level of the objectionable noise. 2. The sound level of the ambient noise. 3. The proximity of the noise to residential areas or transient lodging facilities. 4. The nature and land use of the area within which the noise emanates. 5. The density of the inhabitation of the area within which the noise emanates. 6. The nature and land use of the area within which the noise complaint originates. 7. The density of the inhabitation of the area within which the noise complaint originates. 8. The time of day or night the noise occurs. 9. The duration of the noise and its tonal, informational or musical content. 10. Whether the noise is continuous, recurrent, or intermittent. 11. Whether the noise is produced by a commercial or noncommercial activity. 7-6-7 Exemptions. The following types of emissions of sound are not subject to the noise disturbance restrictions of this Chapter: A. Emergency Noises. 1. Nighttime construction or repair of streets, highways or bridges that is performed by or on behalf of the City, Clark County or the State, if the public welfare and convenience renders it impracticable to perform such work during the day. 2. The emission of sound to alert persons to the existence of an emergency. B. Civic Functions. Civic events including without limitation parades, concerts, athletic events, group use of public facilities and other public gatherings for which a license, permit or contract has been issued by the City for that activity. C. Construction. 1. Construction or demolition work specifically approved by the City pursuant to permit or contract during the hours of 5:00 a.m. and 8:00p.m. during the months of May through September, and during the hours of 6:00a.m. and 7:00p.m. during the months of October through April. 2. The operation of any domestic power tool on single-family residential property. 7-6-8 Enforcement. 330 Exhibit A to Bill XXXX A. Investigation. Upon receipt of a noise-related complaint, an authorized official may investigate the noise complained of. Such investigation may include the use of a sound level meter and the gathering of related data appropriate to ascertain compliance or noncompliance with this Chapter as set forth in subsection B of this Section 7-6-8. Such investigation may also include without limitation the consideration and evaluation of the following: 1. Source of the noise complained of and type of source; 2. Location of the source of the noise relative to a complainant’s location or property; 3. Time period during the noise is considered by the complainant to be intrusive or objectionable; 4. Total duration of noise produced by noise source; 5. Date and time of noise measurement survey. B. Noise Measurement. 1. If the investigation of a noise complaint includes the use of a sound level meter, the noise level shall be measured at a position or positions along the complainant’s property line closest to the noise source, at a location along the real property boundary, or within the boundaries of the receiving land use, as appropriate. The noise measurement shall be averaged (Leq) for a minimum duration of fifteen minutes. In general, the microphone shall be located five feet above the ground and ten feet or more from the nearest reflective surface, where possible. Where another elevation or location is deemed appropriate, such elevation or location may be used. Calibration of the sound level meter shall be performed immediately prior to and following the recording of any noise data utilizing the acoustic calibrator. 2. Where possible, ambient sound levels should also be measured at the receiving land use while the source of noise under investigation is not operating. Where such measurement is not possible, the ambient sound level should be measured at a representative location where the noise environment is similar and there is little or no influence from the source of the noise under investigation. Ambient sound level measurements shall utilize the A weighting scale of the sound level meter and the slow meter response for a minimum period of twenty-four hours. Ambient sound levels shall be calculated as daytime and nighttime logarithmic averages. C. Authorized Official as Complainant. Nothing in this Section shall be deemed to preclude an authorized official from investigating and enforcing the provision of this Chapter relative to a noise observed or experienced by the officer initially or directly rather than in response to a complaint. In such a case the provisions of this Section shall apply as if the authorized official is the complainant. 7-6-9 Penalty. A violation of any provision of this Chapter is a misdemeanor. Sections 7-1-11 and 7-1-19 of the Boulder City Code are hereby repealed: 331 Exhibit A to Bill XXXX [7-1-11. - NOISE, LOUD AND UNNECESSARY. No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises such as may tend to annoy or disturb another in or about any public street, alley or park or any private residence.] [7-1-19. - PUBLIC NOISE FROM PORTABLE, MOTOR VEHICLE OR ANY OTHER AUDIO EQUIPMENT. No person shall, within the City: A.Prohibited. In any public or private place, cause, make or allow to be made from any portable, motor vehicle or any other audio equipment under such person's control or ownership sound at such a level that it can be clearly heard by a person of normal hearing at a distance of seventy five feet (75') or more from the sound source.B.Content Not Considered. The content of the sound will not be considered in determining a violation of this Section.C.Exception. This Section shall not apply to persons operating such equipment within a public park pursuant to special event permits issued by the City.] 332 Decibel Levels What is a Decibel? A decibel (dB) is a unit of measuremen t for sound. A-weighted decibels, abbreviated dBA, are an expression of the relative loudness of sounds in air as perceived by our ears. Safe & Unsafe Decibels The National Institute of Occupational Safety (NIOSH) states that for a 115 decibel (dB) sound, the exposure limit is just 28 seconds. Exposure to noise louder than the Environmental Protection Agency (EPA) safe noise level of 70 dB over 24 hours will damage hearing. 333 R7317 Opioid litigation SUBJECT: For possible action: Matters related to opioid litigation A. Discussion and direction regarding the selection of outside local counsel for opioid-related litigation B. Resolution No. 7317, a resolution of the City Council of Boulder City, Nevada approving Keller Lenkner letter of retention and contingent fee agreement ADDITIONAL INFORMATION: ATTACHMENTS: Description Type Staff Report Cover Memo Role of Local Counsel Backup Material Letter from Jolley Urga Backup Material Letter from Keller Lenkner Backup Material Ryan Andersen Resume Backup Material Albright Stoddard Qualifications Backup Material Resolution 7317 Resolution Letter Resolution 7317, Exhibit A Exhibit Resolution 7317, Alternate Exhibit A Exhibit 334 City Council Meeting August 24, 2021 Item No. 13 A,B Staff Report TO: Mayor and City Council FROM: Brittany Walker, City Attorney DATE: August 17, 2021 SUBJECT: For possible action: Matters related to opioid litigation A. Discussion and direction regarding the selection of outside local counsel for opioid-related litigation B. Resolution No. 7317, a resolution of the City Council of Boulder City approving Keller Lenkner letter of retention and contingent fee agreement Business Impact Statement: This action will not have a significant economic impact on business and will not directly restrict the formation, operation, or expansion of a business. Action Requested: That the City Council discuss and provide direction on the selection of outside legal counsel for opioid-related litigation, and if so directed consider Resolution 7317 approving Keller Lenkner letter of retention and contingent fee agreement with appropriately named local counsel. Overview: • The City is one of hundreds of other jurisdictions bringing action against various opioid manufacturers and distributors for damages the City incurred responding to the opioid epidemic. • On February 25, 2019, the former City Manager Al Noyola retained the law firm of Keller Lenkner to represent the City in the opioid litigation with local counsel provided by the law firm of Jolley Urga Woodbury & Holthus. • The selection of the law firm to represent the City in the opioid litigation was not brought before City Council before August 10, 2021. • On August 10, 2021 the City Council approved a motion to continue the retention of Keller Lenkner as lead counsel in the opioid litigation, but directed staff to explore the possibility of using different local counsel. BOULDER CITY CITY COUNCIL MAYOR KIERNAN MCMANUS COUNCIL MEMBERS: JAMES HOWARD ADAMS CLAUDIA M. BRIDGES MATT FOX SHERRI JORGENSEN ◄ ● ► MEETING LOCATION: CITY COUNCIL CHAMBER 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 MAILING ADDRESS: 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 WEBPAGE: WWW.BCNV.ORG ◄ ● ► CITY MANAGER: TAYLOUR TEDDER, CECD CITY ATTORNEY: BRITTANY LEE WALKER, ESQ CITY CLERK: TAMI MCKAY, MMC, CPO ADMINISTRATIVE SERVICES DIRECTOR: BRYCE BOLDT COMMUNITY DEVELOPMENT DIRECTOR: MICHAEL MAYS, AICP PUBLIC WORKS DIRECTOR: KEEGAN LITTRELL, P.E. UTILITIES DIRECTOR: VACANT POLICE CHIEF: TIM SHEA FIRE CHIEF: WILLIAM GRAY, CFO FINANCE DIRECTOR: DIANE PELLETIER, CPA PARKS & RECREATION DIRECTOR ROGER HALL 335 • City Staff has now provided three (3) options for local counsel, including Jolley Urga Woodbury & Holthus, Albright, Stoddard, Warnick & Albright, and Anderson Law Firm, LTD. Background: Overuse of painkillers known as opioids have become a public health crisis throughout the nation. Drug manufacturers, distributors, and medical experts are accused of minimizing the risks and knowingly ignoring the overuse of painkillers in the United States. As of February 25, 2019, the law firm of Keller Lenkner, an experienced firm based out of Chicago, has represented the City in multijurisdictional litigation against various opioid manufacturers and distributors for damages the city incurred addressing the opioid epidemic. All of the federal cases have been assigned to one federal judge in the Northern District of Ohio. On August 10, 2021, the City Council approved a motion to continue the retention of Keller Lenkner as lead counsel in the opioid litigation, but directed staff to explore the possibility of using different local counsel. City staff reached out to four (4) law firms with reputable reputations in the community for service as local counsel in complex commercial litigation, including existing counsel Jolley Urga Woodbury & Holthus; Albright, Stoddard, Warnick & Albright; Anderson Law Firm, LTD; and Eglet Adams. Of those, existing local counsel Jolley Urga Woodbury & Holthus expressed interest in continuing to represent the City of Boulder City, and the law firms of Albright, Stoddard, Warnick & Albright; and Anderson Law Firm, LTD also expressed interest in serving as local counsel. Information on these firms and their qualifications is attached hereto. The City Council should discuss and provide direction on whether the City should continue to utilize the services of existing local counsel, choose one of the other options for alternate counsel, direct staff to keep looking for alternate local counsel, or allow Keller Lenkner to choose alternate counsel. Explanation of the contingent fee arrangement Under the current draft of the contingent fee agreement, our attorneys are paid upon resolution of the litigation should the City be entitled to funds as a result of settlement or litigation award using what is known as the “lodestar multiplier method.” Each firm would be paid based on a breakdown of the hours the firm spent on the matter at a reasonably hourly rate. This figure can then be adjusted upward or downward for certain factors known as multipliers, such as contingency, to arrive at a final fee. The maximum contingent fee is 25% under the proposed agreement. However, many of the settlements being approved further cap the contingent fee, or otherwise set aside funds for all attorneys to seek compensation, allowing the jurisdiction to keep all of the funds awarded. For example, this is how the One Nevada Allocation Agreement recently approved of would work. Accordingly, it is not possible at this time to determine how much monies either local counsel or lead counsel would be paid for the representation until the City is entitled to monies. 336 Should the City Council choose a new firm to represent the City in providing local counsel, the City would terminate its existing retention agreement with local counsel. After termination, the current local counsel would still be entitled to receive compensation from the services provided out of any funds awarded as a result of the litigation, including damages awards, settlements, and bankruptcy. Boulder City Strategic Plan Goal: Goal A. Achieve Prudent Financial Stewardship; and Goal E. Sustain a High Level of Public Safety Services Department Recommendation: That the City Council discuss and provide direction on the selection of outside local counsel for opioid-related litigation, and consider Resolution 7317 approving Keller Lenkner letter of retention and contingent fee agreement. Attachments: • February 25, 2019 letter of retention • Article on the role of local counsel • Supporting documentation from law firms interested in providing local counsel in the opioid litigation • Resolution 7317 approving Keller Lenkner letter of retention and contingent fee agreement • Exhibit A to Resolution 7317, updated Keller Lenkner letter of retention and contingent fee agreement (unnamed local counsel) • Alternative Exhibit A to Resolution 7317, updated Keller Lenkner letter of retention and contingent fee agreement (without local counsel) 337 338 339 340 341 342 343 344 345 346 August 16, 2021 City of Boulder City Attn: Brittany Lee Walker City Attorney 401 California Ave. Boulder City, NV 89005 Re: Representation of Boulder City, NV Dear Ms. Walker: We are very excited to learn that the City has chosen to continue forward in pursuing its claims against opioid manufactures and distributors with Keller Lenkner LLC. It is our privilege to continue representing the interests of Boulder City. I write today to offer our recommendation for engaging in an attorney-client relationship with local counsel in connection with your claims. Since first bringing the City’s claims in June 2019, Keller Lenkner has worked closely with Jolley Urga Woodbury Holthus & Rose. We have found Jolley Urga to be responsive, prompt, and a valuable partner in offering insight into Nevada’s legal landscape. Though the City should give full and fair consideration to each firm it considers to fill the role of local counsel, we would be remiss if we did not advise the City of the efficiencies that would come from maintaining the its current relationship with Jolley Urga. The original retention agreement entered into by the parties in connection with the City’s claims entitles Jolley Urga to payment for its efforts to date. Given the national settlements that have recently been announced and our belief that similar settlements may be on the horizon with the remaining defendants in the opioid MDL, switching local counsel at this juncture may do little other than require bringing new local counsel up to speed on the players involved and the posture of MDL proceedings, thus incurring additional unnecessary legal fees. We ask that the City Counsel keep these factors in mind during its evaluation of prospective partners in continuing to pursue these claims. As always, I am happy to have a phone call to further discuss these considerations and look forward to learning of the City Counsel’s decision. Sincerely, Seth A. Meyer ___________ Seth A. Meyer 347 Ryan A. Andersen 3199 E Warm Springs Rd, Ste 400, Las Vegas, NV 89120 | (702) 522-1992 | ryan@vegaslawfirm.legal | Bankruptcy Attorney & Chapter 7 Bankruptcy Trustee Commercial & Bankruptcy Litigation Bankruptcy attorney with 8 years of robust experience in commercial bankruptcy, personal bankruptcy, bankruptcy litigation, collections, and commercial disputes. Proven high-performance in Chapter 7 and Chapter 11 bankruptcy proceedings leveraged by strong academic record, focused coursework in bankruptcy law, and clerkship for Judge Bruce A. Markell in Nevada Bankruptcy Court. Selected 5X as "Rising Star" by Mountain States edition of Super Lawyers Magazine (2014-2021) and as member of Southern Nevada's "Legal Elite" by Nevada Business Magazine (2018 and 2021). Appointed as a Chapter 7 Bankruptcy Panel Trustee by the U.S. Trustee Program on August 1, 2019. • Key expertise in growing stable and profitable bankruptcy boutique firm through business acumen, deep bankruptcy experience, and strategic leadership capabilities. • Deep experience representing creditors, debtors, and trustees in adversary proceedings, including objections to discharge and objections to dischargeability of certain debts. • Track record of appearances in Federal Bankruptcy Court, Federal District Court, and Nevada State Court in handling broad range of bankruptcy and commercial matters. • Highly skilled at drafting dispositive and discovery motions in Chapter 7 and Chapter 11 matters that include motions for relief from automatic stay, contested confirmations, and default judgments. • Demonstrated representation of judgment creditors in collecting high-value judgments, and representation of businesses and individuals in commercial disputes, including loans and asset purchase agreements. P ROFESSIONAL E XPERIENCE Managing Partner & Owner | ANDERSEN LAW FIRM, LTD., Las Vegas, NV (Feb. 2014 – Present) Boutique Nevada law firm focusing on complex bankruptcy issues. Founded firm to represent small businesses in Chapter 11 proceedings, creditors in commercial proceedings, and individuals in Chapter 7 and Chapter 11 proceedings. Manage all business, HR, and financial operations of firm, including hiring and training associate attorney and staff members, and overseeing marketing, professional, and business development. • Represented debtor in Chapter 11 restructuring, In re C.D. Hall LLC, Case No. 18-13058-ABL, United States Bankruptcy Court, District of Nevada. Successfully reorganized private school and day care through a small business chapter 11, requiring the sale and lease back of Debtor’s real property to fund significant payments to creditors. • Represented Chapter 7 trustee in complex individual Chapter 7 bankruptcy, In re William A. Gayler, Case No. 09-31603- MKN, United States Bankruptcy Court, District of Nevada. Within one year of retention, achieved settlement with all major litigation opponents by bringing six-figure amount into bankruptcy estate through asset sales. • Represented multiple creditors in complex individual Chapter 7 bankruptcy, In re Raymond Ngan, Case No. 17-14166- BTB, United States Bankruptcy Court, District of Nevada. Obtained arrest of debtor owing $2.2B due to contempt of court. • Represented creditor and upon sale of loan, represented another creditor in complex Chapter 11 bankruptcy, In re John A. Ritter, Case No. 16-10933-ABL, United States Bankruptcy Court, District of Nevada. Successfully led involuntary bankruptcy filing on behalf of multiple creditors, including represented creditor owed $20M. • Represented debtor in Chapter 11 restructuring, In re Jersey Electric, Case No. 15-14394-LED, United States Bankruptcy Court, District of Nevada. Reached settlement involving breach of franchise agreement to confirm plan of reorganization. • Represented creditor in adversary proceeding, RES-AZ Kingman, LLC v. Henry Eugene Neth, Adv. Proc. No. 15-01201- MKN, United States Bankruptcy Court, District of Nevada. Successfully obtained judgment barring discharge of client’s debt following trial. 348 Ryan A. Andersen | Page 2 Associate Attorney | LIONEL SAWYER & COLLINS, Las Vegas, NV (Aug. 2011 – Feb. 2014) Nevada’s largest private law firm with approximately 80 attorneys. Closed in December 2014. Represented creditors in complex bankruptcy proceedings with record of top billing and large case management. Handled several bank representations in complex chapter 11 cases, including BMO Bank in automotive finance company bankruptcy, which resulted in successful asset auction that paid client in full. Judicial Law Clerk| U.S. BANKRUPTCY COURT, DISTRICT OF NEVADA, Las Vegas, NV (Aug. 2010 – Aug. 2011) Served as term clerk to Honorable Bruce A. Markell, Ret. Drafted orders, briefs, memorandum decisions, and opinions on cases commenced under chapters 7, 11, and 13 of the Bankruptcy Code. Conducted legal research on complex and new legal issues and prepared research memorandums on key decision points, within extremely tight deadlines. Observed and assisted in deciding wide variety of legal proceedings, including trials on involuntary petitions, contested cash collateral motions, motions for relief from the automatic stay, confirmation hearings, and proceedings under Bankruptcy Rule 9011. Assisted on several noteworthy opinions, both for the Nevada Bankruptcy Court and 9th Circuit Bankruptcy Appellate Panel. EDUCATION J.D., with distinction (2010) ─ The University of Iowa, College of Law, Iowa City, IA • GPA: 3.52 • Honors & Awards: American Bankruptcy Institute Medal for Excellence in Bankruptcy Studies • Activities: Research Assistant to Professor Katherine M. Porter; First Vice-Chairperson, Moot Court Board; Co-Chair, Student Advisory Comm. to Iowa Dean Search • Key Coursework: Property I (3.7); Civil Procedure (4.0); Evidence (3.6); Corporations (4.0); Debt Transactions (3.8); Bankruptcy Reorganizations (3.8) B.A., Political Science and B.A., History (2006) ─ The University of Iowa, Iowa City, IA MEMBERSHIPS & A FFILIATIONS • Active Member, State Bar of Nevada (admitted 2011) • Active Member, State Bar of California (admitted 2011) • Member, American Bankruptcy Institute (2009 – Present) • Member, Clark County Bar Association (2011 – Present) • Member, American Bar Association (2011 – Present) • Member, National Association of Bankruptcy Trustees (2019 – Present) 349 Albright Stoddard Serves As Local Counsel For Nevada Lawsuits If you are involved in litigation or any other legal matter in Nevada, we can assist your attorney in any state by acting as their local counsel in Nevada. It is important to build a relationship with a lawyer who can counsel you and your foreign attorney on Nevada’s state specific laws and local procedural rules. Albright Stoddard Warnick & Albright provides local counsel services to clients and their attorneys throughout the United States and internationally, in both state and federal court proceedings. We have handled countless cases as local counsel for matters as large as multi-million dollar class actions to relatively small collection suits. We have extensive experience in the Las Vegas and Nevada Courts, and have a number of our attorneys who have served as law clerks to state and federal judges. We Regularly Associate With Out-of-State Attorneys If you are located in another state and your attorneys are not licensed to practice law in Nevada, they will need to associate with a Nevada law firm before they can be admitted to represent you in the Nevada courts on a pro hac vice (temporary) basis. Our attorneys are experts on the local procedural rules and laws unique to Nevada and regularly serve as local counsel to law firms located throughout the United States. We are highly familiar with the rules and procedures for associating with out-of-state attorneys, and are authors of some of the chapters in the local Nevada Civil Procedure guidebook. We work with other law firms under a variety of arrangements, from collaborating on all aspects of a case to restricting our role to consultation on Nevada civil procedure. Clients Worldwide Utilize our Services If you do not already have a representation arrangement with a lawyer in your state, we can work directly with you to handle your legal matters in Nevada. Whatever local counsel services you may need in Nevada, please don’t hesitate to call one of our attorneys to discuss what we can do to meet your legal needs in the most effective and cost efficient manner. 350 RESOLUTION NO. 7317 RESOLUTION OF THE CITY COUNCIL OF BOULDER CITY, NEVADA, APPROVING KELLER LENKNER LETTER OF RETENTION AND CONTINGENT FEE AGREEMENT WHEREAS, overuse of painkillers known as opioids have become a public health crisis throughout the nation; and WHEREAS, drug manufacturers, distributors, and medical experts are accused of minimizing the risks and knowingly ignoring the overuse of painkillers in the United States; and WHEREAS, the City is one of hundreds of other jurisdictions bringing action against various opioid manufacturers and distributors for damages the City incurred responding to the opioid epidemic; and WHEREAS, on February 25, 2019, the former City Manager Al Noyola retained the law firm of Keller Lenkner with local counsel provided by the law firm of Jolley Urga Woodbury Holthus & Rose to represent the City in the opioid litigation; and WHEREAS, the City Council did not review the selection of the law firms to represent the City in the opioid litigation; and WHEREAS, on August 10, 2021, the City Council discussed the selection of legal counsel to represent the City in the opioid litigation and determined that it is desirable to continue with the representation provided by lead counsel Keller Lenkner, but directed staff to explore other options for local counsel; and [WHEREAS, the City Council has discussed the selection of local counsel to represent the City in the opioid litigation and determined that it is desirable to have [insert law firm] provide services as local counsel going forward; and] WHEREAS, the City Council has determined that it is desirable to approve the Keller Lenkner letter of retention and contingent fee agreement. NOW, THEREFORE, BE IT RESOLVED, the City Council hereby approves Resolution No. 7317, approving the Keller Lenkner letter of retention and contingent fee agreement attached hereto as Exhibit A. DATED and APPROVED this 24th day of August, 2021. 351 __________________________ Kiernan McManus, Mayor ATTEST: ______________________________ Tami J. McKay, City Clerk 352 August 13, 2021 City of Boulder City Attn: Brittany Lee Walker City Attorney 401 California Ave. Boulder City, NV 89005 Re: Representation of Boulder City, NV Concerning Opioid Matter Dear Ms. Walker: CONTINGENT FEE AGREEMENT 1. Parties This agreement is between the City of Boulder City, Nevada, the client, and Keller Lenkner LLC, Consovoy McCarthy PLLC, and [LOCAL COUNSEL], the attorneys. 2. Scope of Representation The attorneys agree to represent you in you in prosecuting claims against Defendants Purdue Pharma L.P., Purdue Pharma Inc., the Purdue Frederick Company, Inc., Insys Therapeutics, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Cephalon, Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., Actavis plc, Actavis, Inc., Watson Pharmaceuticals, Inc., Watson Laboratories, Inc., and Mallinckrodt plc (collectively, “Manufacturer Defendants”); McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen Corporation (collectively, “Distributor Defendants”) (all together, “Defendants”) arising from potential violations of law in the marketing, sale, and distribution of opioids, in turn causing economic harm to the City of Boulder City (the “Matter”). The attorneys shall have no obligation to represent you in any other matter and no obligation to handle any appeal of a decision in this matter. 3. Attorneys’ Fees a. No Recovery, No Fee - You will not owe the attorneys anything unless there is a recovery, payment to you, or settlement in your case. This is a contingent fee agreement. The attorneys’ fees described below are contingent on you receiving a recovery, payment to you, settlement or award in this case. 353 Page 2 of 7 b. Contingent Fee - The fee to be paid will be a percentage of the “gross recovery.” The term “gross recovery” means the total of all amounts received by settlement, arbitration award or judgment, including any award of attorney’s fees. The fee will be calculated before the deduction of any costs and expenses as set forth below, and the costs and expenses will remain the responsibility of the Client to be paid from the portion of any amounts received by the Client after deduction of the fee. The attorney’s fee shall be calculated as follows: 25% of the gross recovery. c. Low Value or Pick-Off Settlement Offers - You have the right to accept or not any settlement offer made to you. You also recognize that the defendant or defendants may offer you a lump sum that is less than the expenses the attorneys have invested in prosecuting your case or less than the expenses and reasonable value of the attorneys’ fees incurred in prosecuting your case. Defendants sometimes do this to put pressure on attorneys or to try to escape litigation without properly compensating plaintiffs or their lawyers. We will inform you if we believe you have been offered such a settlement. You recognize and agree that in the event you accept such a settlement, a large portion, perhaps a very large portion, may be required to reimburse us for expenses and attorneys’ fees. We will not recommend that you accept such a settlement. d. Fee the Result of Negotiation, Not Set By Law- You acknowledge that this fee is the result of an arm’s length transaction between you and the attorneys. You recognize that the attorneys have made substantial investments of time and resources to pursue this case on your behalf and bear a substantial risk of recovering nothing at all or nothing for a substantial amount of time. You agree that that risk justifies the fees under this agreement. You acknowledge that this fee is not set by law. e. Lien - You grant attorneys a lien to secure payment of the fees and expenses described by this agreement. f. Fee Due at Settlement or Payment - The fees and expenses described by this agreement are due as soon as any claims are settled or any payments made to you. g. Division of Fee Among Attorneys - You understand and agree that the attorneys will divide any fee among themselves, based upon the division of responsibility between the attorneys’ firms: to [LOCAL COUNSEL], a fee calculated by the modified “lodestar” method out of the amounts awarded to Keller Lenkner under such retainers, receiving the same positive or negative multiplier applied to its lodestar to determine its pro rata share of the fees to be paid; or the attorneys’ reasonable hourly rates multiplied by the hours reasonably incurred pursuing your claim, and the remainder of fees collected divided equally between Consovoy McCarthy PLLC and Keller Lenkner LLC. In addition, you 354 Page 3 of 7 acknowledge that [LOCAL COUNSEL] may be compensated by one or more of the other law firms on a conventional hourly basis. 4. Expenses You authorize attorneys to incur reasonable expenses to pursue your potential claims. Attorneys will pay for expenses as they are incurred with the understanding that they will be repaid out of any recovery, as described above. Expenses could include, but are not limited to, testifying and expert witness fees (including for evaluation, reports, and/or testimony), filing fees, court or arbitration costs, fees for court reporters and transcripts, deposition expenses, legal research expenses, commercial and private transportation expenses, travel expenses (including lodging and meals), consultant fees, postage, long-distance telephone calls, messengers, record service fees, photocopying, preparation of exhibits, investigative fees and expenses, specialized outside counsel and service fees and expenses (e.g., probate, taxation, bankruptcy), costs associated with collecting judgments, structured settlement expenses, witness fees and mileage, subpoena fees, any expenses to assist with investigating or resolving third-party liens, and all other reasonable and necessary costs and expenses that we in our professional judgment determine to be reasonably necessary in connection with prosecuting or settling your claims. If we represent more than one client with potential claims similar to yours (which we intend to do) then we may apportion joint expenses on a pro rata basis between you and similar clients if those expenses can reasonably be viewed as benefitting you and the other client or clients. Expenses in this case could be significant. 5. Client’s Potential Liability. Client understands that in the event a lawsuit is filed and the case is lost, Client may be liable for the opposing party’s attorney’s fees, and will be liable for the opposing party’s costs as required by law. Client further understands that a lawsuit brought solely to harass or to coerce a settlement may result in liability for malicious prosecution or abuse of process. 6. Client’s Duties Your cooperation is critical to the successful pursuit of your claims. You agree to perform the following duties: 355 Page 4 of 7 a. Participation in Discovery - You may be required to locate and produce documents, to answer written questions, or appear at a time and place to answer questions under oath. You agree to make yourself available to do these things on reasonable notice. b. Participation in Hearing - You agree to make yourself available to participate in a hearing on your claims on reasonable notice. c. Document Preservation - You must not destroy, delete, or discard documents and other information sources in your possession that are relevant to your potential claims. This includes physical, paper documents and electronic documents like email or social media posts, whether on a computer, phone, or other device. You agree and acknowledge that your failure to fulfill any of these duties is grounds for the attorneys to stop representing you. 7. Third-Party Liens Certain third parties may have, or may assert in the future, liens on any recovery you might ultimately obtain by verdict, settlement or otherwise. You recognize and understand that any liens must be resolved and satisfied before we can distribute to you your portion of recovery from any settlement, judgment, or award. You acknowledge that we may engage the services of a company that specializes in resolving these types of liens, and that any fee paid to such company will be treated as an expense or advance under this Agreement. Satisfaction of liens could significantly reduce, or even eliminate entirely, any net proceeds to you from this matter. If any liens on the proceeds of this matter are asserted, you authorize us to hold in trust any funds we reasonably believe are or may be subject to any liens, until such liens are resolved and released. 8. Attorneys’ Right to Withdraw You acknowledge that the attorneys have the absolute right to stop representing you at any time if, in their professional judgment and consistent with their ethical responsibilities, they come to believe that your potential claims are unlikely to result in a recovery for any reason, including, but not limited to, the lack of a source of funds to pay your claims. 9. Client’s Right to Terminate Attorneys You may terminate attorneys at any time by written notice to the Attorneys. Such termination is subject to the Attorneys’ Fees and Expenses provisions of this agreement. 10. No Guarantee 356 Page 5 of 7 You acknowledge that the attorneys have not and will not provide any guarantee about the outcome of your claims. 11. Potential Conflicts The attorneys intend to represent many clients with claims similar to yours. At this time, your interests and the interests of other clients align. We know of no conflicts of interest that would have an adverse impact on our representation of you. It is, however, possible that conflicts may arise in the future, including: a. We discover that there is a limited pool of assets from which recovery is reasonably likely (for example, an insurance policy), and those assets are insufficient to pay all of our clients the full value of their claims. b. A defendant offers an aggregate or “lump sum” settlement to all of our clients that does not specify the amount each client will receive. c. A defendant offers to settle, but only if a certain percentage, or even all, of our clients accept the proposed settlement. We may also be required by the applicable rules of professional conduct to share material information about your claims and negotiating position with our other clients with similar claims. While we will try to avoid these issues if it is practical to do so, they might still occur. If any conflict of interest affecting you does arise, we will inform you promptly and work with you on how best to proceed in accordance with the applicable rules of professional conduct. 12. Data Privacy In the course of representing you, we may learn facts about you, the defendants, or other parties, that could later be helpful in identifying or bringing a claim on behalf of another client or potential client. You agree that, so long as we do not disclose your identity to anyone other than our employees, agents, or service providers, we may use information gained through our representation of you to identify or pursue a legal claim on behalf of another party. 13. Association of Counsel You acknowledge that the attorneys will likely associate with other counsel to assist with your potential claims and authorize us to do so. You authorize us to associate other counsel as we see fit. As discussed above, it may be necessary to retain specialized outside counsel to assist with specialized questions such as probate, taxation, or bankruptcy. In that event, fees and expenses of these counsel will be treated as expenses advanced for your benefit. On the other 357 Page 6 of 7 hand, if we choose to associate other counsel to pursue the merits of your case, you agree that we may do so, we will be responsible for paying the associated counsel, and your fees will not increase as a result of any association with other counsel. If we intend to associate with other counsel in your case for either purpose, we will let you know promptly. 14. Entire Agreement and Choice of Law This Agreement contains the entire agreement of the parties. It cannot be modified or canceled except in writing signed by all parties. This Agreement will be construed in accordance with the laws of the State of Nevada (including Nevada choice-of-law principles). 15. Arbitration In the event of any dispute, controversy, or claim between us (or our respective heirs, successors, assigns, or affiliates) arising out of, relating to, or in connection with your engagement of us (any of the foregoing, a “dispute”), you and we irrevocably and unconditionally waive the right to seek remedies in court, including the right to a jury trial, and agree to submit said dispute exclusively to binding arbitration conducted by a single arbitrator subject to the rules of the American Arbitration Association. The seat of the arbitration will be in Las Vegas, NV. The arbitrator shall have the authority to determine his or her own jurisdiction by interpreting the scope of this agreement and whether a controversy or claim arises out of or relates to your engagement of us. 16. Power of Attorney No settlement shall be made without your approval and permission. Consistent with the attorney ethics rules and other requirements for powers of attorney, you grant us the power of attorney to execute all documents connected with your claims, including pleadings, contracts, checks or drafts, settlement agreements, deposit of settlement funds in a trust account and disbursement of those funds, compromises, releases, verifications, dismissals, and orders, as well as all other documents that you could properly execute. 17. No Tax or Benefit Advice It is possible that resolution of this case may result in a monetary payment to you. You acknowledge and agree that the attorneys cannot and will not provide legal advice regarding the tax and government benefit implications of receiving any settlement or sum of money. /// /// 358 Page 7 of 7 18. Authority to Sign You acknowledge that you have read this Agreement in its entirety, that you fully understand the terms and conditions of same, and that you agree to abide by its terms. Sincerely, ___________________________________ Keller Lenkner LLC ___________________________________ Consovoy McCarthy PLLC ___________________________________ [LOCAL COUNSEL] AGREED AND ACCEPTED Client Signature: ______________________________________ Client Printed Name: ______________________________________ Title: _____________________________________ Date: ____________________________________ 359 August 13, 2021 City of Boulder City Attn: Brittany Lee Walker City Attorney 401 California Ave. Boulder City, NV 89005 Re: Representation of Boulder City, NV Concerning Opioid Matter Dear Ms. Walker: CONTINGENT FEE AGREEMENT 1. Parties This agreement is between the City of Boulder City, Nevada, the client, and Keller Lenkner LLC and Consovoy McCarthy PLLC, the attorneys. 2. Scope of Representation The attorneys agree to represent you in you in prosecuting claims against Defendants Purdue Pharma L.P., Purdue Pharma Inc., the Purdue Frederick Company, Inc., Insys Therapeutics, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Cephalon, Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., Actavis plc, Actavis, Inc., Watson Pharmaceuticals, Inc., Watson Laboratories, Inc., and Mallinckrodt plc (collectively, “Manufacturer Defendants”); McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen Corporation (collectively, “Distributor Defendants”) (all together, “Defendants”) arising from potential violations of law in the marketing, sale, and distribution of opioids, in turn causing economic harm to the City of Boulder City (the “Matter”). The attorneys shall have no obligation to represent you in any other matter and no obligation to handle any appeal of a decision in this matter. 3. Attorneys’ Fees a. No Recovery, No Fee - You will not owe the attorneys anything unless there is a recovery, payment to you, or settlement in your case. This is a contingent fee agreement. The attorneys’ fees described below are contingent on you receiving a recovery, payment to you, settlement or award in this case. 360 Page 2 of 7 b. Contingent Fee - The fee to be paid will be a percentage of the “gross recovery.” The term “gross recovery” means the total of all amounts received by settlement, arbitration award or judgment, including any award of attorney’s fees. The fee will be calculated before the deduction of any costs and expenses as set forth below, and the costs and expenses will remain the responsibility of the Client to be paid from the portion of any amounts received by the Client after deduction of the fee. The attorney’s fee shall be calculated as follows: 25% of the gross recovery. c. Low Value or Pick-Off Settlement Offers - You have the right to accept or not any settlement offer made to you. You also recognize that the defendant or defendants may offer you a lump sum that is less than the expenses the attorneys have invested in prosecuting your case or less than the expenses and reasonable value of the attorneys’ fees incurred in prosecuting your case. Defendants sometimes do this to put pressure on attorneys or to try to escape litigation without properly compensating plaintiffs or their lawyers. We will inform you if we believe you have been offered such a settlement. You recognize and agree that in the event you accept such a settlement, a large portion, perhaps a very large portion, may be required to reimburse us for expenses and attorneys’ fees. We will not recommend that you accept such a settlement. d. Fee the Result of Negotiation, Not Set By Law- You acknowledge that this fee is the result of an arm’s length transaction between you and the attorneys. You recognize that the attorneys have made substantial investments of time and resources to pursue this case on your behalf and bear a substantial risk of recovering nothing at all or nothing for a substantial amount of time. You agree that that risk justifies the fees under this agreement. You acknowledge that this fee is not set by law. e. Lien - You grant attorneys a lien to secure payment of the fees and expenses described by this agreement. f. Fee Due at Settlement or Payment - The fees and expenses described by this agreement are due as soon as any claims are settled or any payments made to you. g. Division of Fee Among Attorneys - You understand and agree that the attorneys will divide any fee among themselves, based upon the division of responsibility between the attorneys’ firms: equally between Consovoy McCarthy PLLC and Keller Lenkner LLC. 4. Expenses You authorize attorneys to incur reasonable expenses to pursue your potential claims. Attorneys will pay for expenses as they are incurred with the understanding that they will be repaid out of any recovery, as described above. 361 Page 3 of 7 Expenses could include, but are not limited to, testifying and expert witness fees (including for evaluation, reports, and/or testimony), filing fees, court or arbitration costs, fees for court reporters and transcripts, deposition expenses, legal research expenses, commercial and private transportation expenses, travel expenses (including lodging and meals), consultant fees, postage, long-distance telephone calls, messengers, record service fees, photocopying, preparation of exhibits, investigative fees and expenses, specialized outside counsel and service fees and expenses (e.g., probate, taxation, bankruptcy), costs associated with collecting judgments, structured settlement expenses, witness fees and mileage, subpoena fees, any expenses to assist with investigating or resolving third-party liens, and all other reasonable and necessary costs and expenses that we in our professional judgment determine to be reasonably necessary in connection with prosecuting or settling your claims. If we represent more than one client with potential claims similar to yours (which we intend to do) then we may apportion joint expenses on a pro rata basis between you and similar clients if those expenses can reasonably be viewed as benefitting you and the other client or clients. Expenses in this case could be significant. 5. Client’s Potential Liability. Client understands that in the event a lawsuit is filed and the case is lost, Client may be liable for the opposing party’s attorney’s fees, and will be liable for the opposing party’s costs as required by law. Client further understands that a lawsuit brought solely to harass or to coerce a settlement may result in liability for malicious prosecution or abuse of process. 6. Client’s Duties Your cooperation is critical to the successful pursuit of your claims. You agree to perform the following duties: a. Participation in Discovery - You may be required to locate and produce documents, to answer written questions, or appear at a time and place to answer questions under oath. You agree to make yourself available to do these things on reasonable notice. b. Participation in Hearing - You agree to make yourself available to participate in a hearing on your claims on reasonable notice. c. Document Preservation - You must not destroy, delete, or discard documents and other information sources in your possession that are relevant to your potential claims. This 362 Page 4 of 7 includes physical, paper documents and electronic documents like email or social media posts, whether on a computer, phone, or other device. You agree and acknowledge that your failure to fulfill any of these duties is grounds for the attorneys to stop representing you. 7. Third-Party Liens Certain third parties may have, or may assert in the future, liens on any recovery you might ultimately obtain by verdict, settlement or otherwise. You recognize and understand that any liens must be resolved and satisfied before we can distribute to you your portion of recovery from any settlement, judgment, or award. You acknowledge that we may engage the services of a company that specializes in resolving these types of liens, and that any fee paid to such company will be treated as an expense or advance under this Agreement. Satisfaction of liens could significantly reduce, or even eliminate entirely, any net proceeds to you from this matter. If any liens on the proceeds of this matter are asserted, you authorize us to hold in trust any funds we reasonably believe are or may be subject to any liens, until such liens are resolved and released. 8. Attorneys’ Right to Withdraw You acknowledge that the attorneys have the absolute right to stop representing you at any time if, in their professional judgment and consistent with their ethical responsibilities, they come to believe that your potential claims are unlikely to result in a recovery for any reason, including, but not limited to, the lack of a source of funds to pay your claims. 9. Client’s Right to Terminate Attorneys You may terminate attorneys at any time by written notice to the Attorneys. Such termination is subject to the Attorneys’ Fees and Expenses provisions of this agreement. 10. No Guarantee You acknowledge that the attorneys have not and will not provide any guarantee about the outcome of your claims. 11. Potential Conflicts The attorneys intend to represent many clients with claims similar to yours. At this time, your interests and the interests of other clients align. We know of no conflicts of interest that would have an adverse impact on our representation of you. It is, however, possible that conflicts may arise in the future, including: 363 Page 5 of 7 a. We discover that there is a limited pool of assets from which recovery is reasonably likely (for example, an insurance policy), and those assets are insufficient to pay all of our clients the full value of their claims. b. A defendant offers an aggregate or “lump sum” settlement to all of our clients that does not specify the amount each client will receive. c. A defendant offers to settle, but only if a certain percentage, or even all, of our clients accept the proposed settlement. We may also be required by the applicable rules of professional conduct to share material information about your claims and negotiating position with our other clients with similar claims. While we will try to avoid these issues if it is practical to do so, they might still occur. If any conflict of interest affecting you does arise, we will inform you promptly and work with you on how best to proceed in accordance with the applicable rules of professional conduct. 12. Data Privacy In the course of representing you, we may learn facts about you, the defendants, or other parties, that could later be helpful in identifying or bringing a claim on behalf of another client or potential client. You agree that, so long as we do not disclose your identity to anyone other than our employees, agents, or service providers, we may use information gained through our representation of you to identify or pursue a legal claim on behalf of another party. 13. Association of Counsel You acknowledge that the attorneys will likely associate with other counsel to assist with your potential claims and authorize us to do so. You authorize us to associate other counsel as we see fit. As discussed above, it may be necessary to retain specialized outside counsel to assist with specialized questions such as probate, taxation, or bankruptcy. In that event, fees and expenses of these counsel will be treated as expenses advanced for your benefit. On the other hand, if we choose to associate other counsel to pursue the merits of your case, you agree that we may do so, we will be responsible for paying the associated counsel, and your fees will not increase as a result of any association with other counsel. If we intend to associate with other counsel in your case for either purpose, we will let you know promptly. /// /// 364 Page 6 of 7 14. Entire Agreement and Choice of Law This Agreement contains the entire agreement of the parties. It cannot be modified or canceled except in writing signed by all parties. This Agreement will be construed in accordance with the laws of the State of Nevada (including Nevada choice-of-law principles). 15. Arbitration In the event of any dispute, controversy, or claim between us (or our respective heirs, successors, assigns, or affiliates) arising out of, relating to, or in connection with your engagement of us (any of the foregoing, a “dispute”), you and we irrevocably and unconditionally waive the right to seek remedies in court, including the right to a jury trial, and agree to submit said dispute exclusively to binding arbitration conducted by a single arbitrator subject to the rules of the American Arbitration Association. The seat of the arbitration will be in Las Vegas, NV. The arbitrator shall have the authority to determine his or her own jurisdiction by interpreting the scope of this agreement and whether a controversy or claim arises out of or relates to your engagement of us. 16. Power of Attorney No settlement shall be made without your approval and permission. Consistent with the attorney ethics rules and other requirements for powers of attorney, you grant us the power of attorney to execute all documents connected with your claims, including pleadings, contracts, checks or drafts, settlement agreements, deposit of settlement funds in a trust account and disbursement of those funds, compromises, releases, verifications, dismissals, and orders, as well as all other documents that you could properly execute. 17. No Tax or Benefit Advice It is possible that resolution of this case may result in a monetary payment to you. You acknowledge and agree that the attorneys cannot and will not provide legal advice regarding the tax and government benefit implications of receiving any settlement or sum of money. 18. Authority to Sign You acknowledge that you have read this Agreement in its entirety, that you fully understand the terms and conditions of same, and that you agree to abide by its terms. /// /// 365 Page 7 of 7 Sincerely, ___________________________________ Keller Lenkner LLC ___________________________________ Consovoy McCarthy PLLC AGREED AND ACCEPTED Client Signature: ______________________________________ Client Printed Name: ______________________________________ Title: _____________________________________ Date: ____________________________________ 366 City Managers Report SUBJECT: A. Claims Paid, July 2021 B. Financial Report, July 2021 ADDITIONAL INFORMATION: ATTACHMENTS: Description Type Item 14A Staff Report Claims Paid Cover Memo Claims Paid Report Backup Material Item 14B Staff Report Financial Cover Memo Financial Report Backup Material 367 City Council Meeting August 24, 2021 Item No. 14A Staff Report TO: Taylour Tedder, City Manager FROM: Diane Pelletier, Finance Director DATE: August 24, 2021 SUBJECT: Claims Paid Report, July 2021 Business Impact Statement: This action will not have a significant economic impact on business and will not directly restrict the formation, operation, or expansion of a business. Action Requested: Provide City Council a list of Claims paid and voided. Overview: Attached is the Claims Paid Reports for July 1 – July 31, 2021 totalling $4,485,680.75. All checks were written on Nevada State Bank. Background Information: I hereby certify that the Claims Paid Report for July 2021 covering claims paid in July 2021, meet the following requirements: a) That the funds were available; b) That the items or services were duly authorized by the proper official and have been received or rendered in accordance with the purchasing agreement; and c) That the claim is accurate in amount and properly charged against the treasury. Financial: Informational only. Boulder City Strategic Plan Goal: Goal #1, Achieve Prudent Financial Stewardship. Department Recommendation: The Finance Department respectfully requests that the City Council receive this report. Attachment: Claims Paid Report, July 2021. BOULDER CITY CITY COUNCIL MAYOR KIERNAN MCMANUS COUNCIL MEMBERS: JAMES HOWARD ADAMS CLAUDIA M.BRIDGES MATHEW FOX SHERRI JORGENSEN ◄ ● ► MEETING LOCATION: CITY COUNCIL CHAMBER 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 MAILING ADDRESS: 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 WEBPAGE: WWW.BCNV.ORG ◄ ● ► CITY MANAGER: TAYLOUR TEDDER CITY ATTORNEY: BRITTANY LEE WALKER, ESQ ACTING CITY CLERK: TAMI MCKAY, MMC, CPO ADMINISTRATIVE SERVICES DIRECTOR: BRYCE BOLDT COMMUNITY DEVELOPMENT DIRECTOR: MICHAEL MAYS, AICP PUBLIC WORKS DIRECTOR: KEEGAN LITTRELL, P.E. UTILITIES DIRECTOR: DENNIS PORTER, P.E. POLICE CHIEF: TIM SHEA FIRE CHIEF: WILLIAM GRAY, CFO FINANCE DIRECTOR: DIANE PELLETIER, CPA PARKS & RECREATION DIRECTOR ROGER HALL 368 CLAIMS PAID REPORT, JULY 2021CHECK NUMBER CHECK DATE CHECK TYPEVENDOR NUMBERVENDOR NAMEINVOICEORG OBJECT PROJECT AMOUNT60022333807/01/2021 EFT 2272PUBLIC AGENCY COMPENSATION TRUSTAPR 20 202143 2022164,267.00 60022333907/01/2021 EFT 794SCHAPER GOLF CORPORATIONJUL 202110760 510220,430.00 60022334007/01/2021 EFT 1431TURF TECH INC502610760 510452,768.57 60022334107/01/2021 PRINTED 3496BRET HOOD9143310500 5509184.82 60022334207/01/2021 PRINTED 3318NEVADA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS01634116 DP FY22 10430 5508250.00 60022334307/07/2021 EFT 1280ACE SHOPPER STOPPER11877310700 560522.98 60022334407/07/2021 EFT 1267AGGREGATE INDUSTRIES - WESTERN71461943662670 5302- 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1RC6643MKY1N10620 530129.69 60022334607/07/2021 EFT 3155WINNER MOTORCYCLES LLC2854210500 5303506.37 60022334707/07/2021 EFT 1386BORDER STATES INDUSTRIES, INC.92231634261900 5905 E1909732.42 60022334807/07/2021 EFT 2033BOULDER CITY DISPOSAL INCJUNE 202164044 4441(20,592.57) 60022334907/07/2021 EFT 2194BOULDER CITY FIREFIGHTERS ASSOCIATION07012110 2030315.00 60022335007/07/2021 EFT 1131BOULDER CITY MAGAZINE LLC575010760 5503275.00 60022335107/07/2021 EFT 2328BOULDER CITY POLICE SUPERVISORS ASSOCIATION07012125 203030.00 60022335207/07/2021 EFT 3004BOULDER CITY PROFESSIONAL FIREFIGHTERS ASSO(BCPFA) 07012110 2030900.00 60022335307/07/2021 EFT 846BOULDER TREE SERVICE LLC6991552860 53054,000.00 60022335407/07/2021 EFT 1074BRENDA LEE PIERFELICE707205310500 510475.00 60022335507/07/2021 EFT 1268CARQUEST AUTO PARTS1498111660810500 530335.63 60022335607/07/2021 EFT 2063CENTURYLINKJUN 2021 14710500 5502128.22 60022335707/07/2021 EFT 2063CENTURYLINKJUN 2021 66510500 55021,244.42 60022335807/07/2021 EFT 2063CENTURYLINKJULY 2021 95354830 5502296.42 60022335907/07/2021 EFT 1248NCH CORPORATION736164561650 53011,424.38 60022336007/07/2021 EFT 994CITY OF HENDERSONMSC503546710500 510320,929.03 60022336107/07/2021 EFT 1046GRISWOLD INDUSTRIES82395162670 53023,646.20 60022336207/07/2021 EFT 2501DANA KEPNER CO INC202233760062670 530210,115.00 60022336307/07/2021 EFT 1245DELL MARKETING L.P.1049395044460640 56031,846.94 60022336407/07/2021 EFT 1511THE ABY MFG GROUP INC0159317IN10510 56031,443.40 60022336507/07/2021 EFT 2807FENNEMORE CRAIG, P.C107688562900 5905 UW171 7,608.63 60022336607/07/2021 EFT 3609FERGUSON US HOLDINGS INC0957308362670 53021,070.40 60022336707/07/2021 EFT 3609FERGUSON US HOLDINGS INC896963910620 5301261.24 60022336807/07/2021 EFT 2932GCW, INC.10950830900 5905 C2004102.50 60022336907/07/2021 EFT 2474GEOTECHNICAL & ENVIRONMENTAL SERVICES INC5874061900 5905 E21032,940.00 60022337007/07/2021 EFT 906GRAINGER INC994444937110620 56031,268.14 60022337107/07/2021 EFT 1313JOHNSTONE SUPPLY OF HENDERSON388S496629000110620 5302253.52 60022337207/07/2021 EFT 3480KEEGAN LITTRELL9142510600 550928.18 60022337307/07/2021 EFT 3562LV.NET LLC22675510435 51043,500.00 60022337407/07/2021 EFT 2078MOBILE MINI INC901088086910750 540261.60 60022337507/07/2021 EFT 3593MOUNTAIN PINE CONSTRUCTION INC30086562670 53024,330.00 60022337607/07/2021 EFT 3688PERIMETER SOLUTIONS LPINV1473550210510 56051,820.00 60022337707/07/2021 EFT 1189PORTABLE AGGREGATE PRODUCERS LLC2135662670 53022,041.15 60022337807/07/2021 EFT 2010PRAETORIAN GROUP INCINVPRA350410500 55093,150.00 60022337907/07/2021 EFT 929SIMPSON NORTON CORPORATION15915400010615 5302369.65 60022338007/07/2021 EFT 2418SITEONE LANDSCAPE SUPPLY-10909456800110615 5603747.57 60022338107/07/2021 EFT 1411SOUTHERN NEVADA WATER AUTHORITY0621000562670 5505103,127.00 60022338207/07/2021 EFT 3432SOUTHERN TIRE MART LLC750010805810510 53031,815.40 60022338307/07/2021 EFT 3789STAPLES, INC348015601510625 561069.50 60022338407/07/2021 EFT 861STASIK CONSULTING SVC/SCS20217710510 5101502.70 60022338507/07/2021 EFT 991STATE OF NEVADA - PERS ADMIN FUNDJun202180 20232,621.36 60022338607/07/2021 EFT 991STATE OF NEVADA - PERS ADMIN FUNDJun 202110 2023414.76 60022338707/07/2021 EFT 2062TEAMSTERS UNION LOCAL #14Aug 202180 20251,650.00 60022338807/07/2021 EFT 1468THATCHER COMPANY OF NEVADA INC506864810740 5601467.10 60022338907/07/2021 EFT 1431TURF TECH INC732309005905 R2006 41,394.60 60022339007/07/2021 EFT 774UNIFIRST CORPORATION351242468210700 5614151.62 60022339107/07/2021 EFT 2056UNITED WAY OF SOUTHERN NEVADA07012163 20297.00 60022339207/07/2021 EFT 999URBAN JUNGLE CONTRACTORS LTD.231510700 530518,332.50 60022339307/07/2021 EFT 2034VANTAGE TRANSFER AGENTS56514280 2020150.00 60022339407/07/2021 EFT 2034VANTAGE TRANSFER AGENTS56515225 2020200.00 60022339507/07/2021 EFT 2034VANTAGEPOINT TRANSFER AGENTS56515563 202068.25 Page 1369 CLAIMS PAID REPORT, JULY 2021CHECK NUMBER CHECK DATE CHECK TYPEVENDOR NUMBERVENDOR NAMEINVOICEORG OBJECT PROJECT AMOUNT60022339607/07/2021 EFT 2203VC3 INC6313110510 5510500.00 60022339707/07/2021 EFT 1035WAXIE'S ENTERPRISES INC.8011862010700 5607499.44 60022339807/07/2021 EFT 2910WUNDERLICH-MALEC SYSTEMS, INC.6861663675 5104420.00 60022339907/07/2021 PRINTED 3831AIRMARK CORPORATION37248910610 56036,490.00 60022340007/07/2021 PRINTED 3263HOWROYD-WRIGHT EMPLOYMENT AGENCY, INC.01595343810800 5102879.60 60022340107/07/2021 PRINTED 2537APPLIED CONCEPTS DBA STALKER RADAR38611310500 56033,080.00 60022340207/07/2021 PRINTED 3526AQUATIC CONSULTING & TESTING INC212037063675 5302950.00 60022340307/07/2021 PRINTED 2084ARC HEALTH & WELLNESS CENTERS LLC208240210500 5102635.00 60022340407/07/2021 PRINTED 924AT&T MOBILITY287248841309x062121 62670 5502821.51 60022340507/07/2021 PRINTED 924AT&T MOBILITY287289003768x062121 10500 55022,533.52 60022340607/07/2021 PRINTED 1317BOULDER CITY ANIMAL HOSPITAL27640540530 5605 Z503726.75 60022340707/07/2021 PRINTED 3128BOULDER CITY BOAT STORAGEJUL - SEP 202110500 54011,095.00 60022340807/07/2021 PRINTED 2387SCHULTZ FAMILY ENTERPRISES LLC83127710530 561111.00 60022340907/07/2021 PRINTED 3828BRITTANY WALKER9142810440 5508490.00 60022341007/07/2021 PRINTED 2623CALIFORNIA HEALTH & SAFETY, INC.21019NVLV10510 5302943.50 60022341107/07/2021 PRINTED 1294CENTENNIAL CONCRETE CORP780030900 5905 C21079,841.00 60022341207/07/2021 PRINTED 2042CLARK COUNTY DEPT OF FINANCEJUNE 2021 PRIV TAX 10 200615,300.00 60022341307/07/2021 PRINTED 2042CLARK COUNTY TREASURER124110 20061,394.00 60022341407/07/2021 PRINTED 2042CLARK COUNTY ELECTION DEPT9025979510420 510136,637.95 60022341507/07/2021 PRINTED 3598DENISE RICEMAY JUNE10500 5102420.36 60022341607/07/2021 PRINTED 3803EBY IRON DESIGNS LLC503442620 530513,373.00 60022341707/07/2021 PRINTED 3189ELITE TACTICAL SECURITY SOLUTIONS LLC0346610490 5102400.00 60022341807/07/2021 PRINTED 3841EVERGREEN SOLUTIONS LLC0876110450 510210,625.00 60022341907/07/2021 PRINTED 1429FORD COUNTRY139828810500 5303135.30 60022342007/07/2021 PRINTED 1447CHARLES ROWLETT1892610500 530377.67 60022342107/07/2021 PRINTED 1492H & E EQUIPMENT SERVICES LLC9590717910610 53031,501.81 60022342207/07/2021 PRINTED 1073HD SUPPLY FACILITIES MAINTENANCE LTD63912363675 5603805.16 60022342307/07/2021 PRINTED 1231HELENA CHEMICAL COMPANY6376415052860 56013,046.40 60022342407/07/2021 PRINTED 3722HELIX LABORATORIES INC2220663675 530213,200.00 60022342507/07/2021 PRINTED 1274HOME HARDWARE & VARIETYA33273810620 530127.65 60022342607/07/2021 PRINTED 1403HOPKINS BILL06162110500 530160.00 60022342707/07/2021 PRINTED 3447JAMES H. 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Karen5582810044 445310.00 60022368207/21/2021 PRINTED 5000King, Cassie5563110 2010100.00 60022368307/21/2021 PRINTED 5000Kramer, Julee5541610044 445340.00 60022368407/21/2021 PRINTED 5000LAIRSEY, ROBERT E9177361 120392.26 60022368507/21/2021 PRINTED 5000Lawrence, Charlene5589110044 445340.00 60022368607/21/2021 PRINTED 5000Lawrence, Mikaela5588410044 445340.00 Page 6374 CLAIMS PAID REPORT, JULY 2021CHECK NUMBER CHECK DATE CHECK TYPEVENDOR NUMBERVENDOR NAMEINVOICEORG OBJECT PROJECT AMOUNT60022368707/21/2021 PRINTED 5000Miller, Amber5588810044 445340.00 60022368807/21/2021 PRINTED 5000Miller, John5593310 201050.00 60022368907/21/2021 PRINTED 5000Murphy, Misha5588910044 445340.00 60022369007/21/2021 PRINTED 5000Qualls, Jeffrey5593510 2010100.00 60022369107/21/2021 PRINTED 5000RACHEL E COOPER9177861 12037.24 60022369207/21/2021 PRINTED 5000Redfoot, Tim5562910 2010100.00 60022369307/21/2021 PRINTED 5000Sahni, Mitali5589010044 445340.00 60022369407/21/2021 PRINTED 5000STATE OF NEVADA9160761 1203185.70 60022369507/21/2021 PRINTED 5000STEFANIE WITMAN21TR977/124310 2009100.00 60022369607/21/2021 PRINTED 5000Urioste, Jasmine5565710044 445134.00 60022369707/21/2021 PRINTED 5000Vandermark, Amy55823/5582510044 445372.00 60022369807/21/2021 PRINTED 5000VEGAS IRON PICKUP TRUCKS LLC9160861 120329.11 60022369907/21/2021 PRINTED 5000Winlow, Whitney5588610044 445340.00 60022370007/21/2021 PRINTED 5000Winlow, Whitney55553/5589710044 445358.00 60022370107/21/2021 PRINTED 1055PITNEY BOWES GLOBAL FINANCIAL SERVICES LLC101849581010490 550696.88 60022370207/21/2021 PRINTED 2058POLICE PROTECTIVE ASSOCIATION07152126 203080.00 60022370307/21/2021 PRINTED 2588PRE-PAID LEGAL SERVICES, INC.07152154 203315.95 60022370407/21/2021 PRINTED 2406PRISCU STEVEN R9175163675 5508110.00 60022370507/21/2021 PRINTED 2832RESIDENTIAL FIRE PROTECTIONFB15202110620 5302480.00 60022370607/21/2021 PRINTED 1291SOUTHERN NEVADA HEALTH DISTRICTIN027108610700 550894.00 60022370707/21/2021 VOID 1013STANDARD INSURANCE COMPANYJul 202180 202720.92 60022370807/21/2021 PRINTED 991STATE OF NEVADA - PUBLIC EMPLOYEES07012110460 50286,119.79 60022370907/21/2021 PRINTED 991STATE OF NEVADA PUBLIC UTILITIESAPR-JUN 2021 UEC 61 200610,513.72 60022371007/21/2021 PRINTED 991STATE OF NEVADA DEPT OF TAXATIONJul2021RT10 200615,385.46 60022371107/21/2021 PRINTED 991STATE OF NEVADAN11522110460 51031,082.03 60022371207/21/2021 PRINTED 3272TIREHUB, LLC2142803710500 5303478.72 60022371307/21/2021 PRINTED 2351TRAUMA INTERVENTION PROGRAM OF SOUTHERN NEVADA INC 2106240110520 51021,381.00 60022371407/21/2021 PRINTED 2358TYLER BUSINESS FORMS6114510460 5507533.50 60022371507/21/2021 PRINTED 2077A COMPANY INC1141215966010610 54015,218.07 60022371607/21/2021 PRINTED 1318WESTERN INSURANCE SPECIALTIES INCAug 202161 2027180.56 60022371707/21/2021 PRINTED 1013STANDARD INSURANCE COMPANYJul 202180 202720.92 60022371707/21/2021 PRINTED 1013STANDARD INSURANCE COMPANYJul 202160 202796.75 60022371707/21/2021 PRINTED 1013STANDARD INSURANCE COMPANYJul 202154 202721.97 60022371707/21/2021 PRINTED 1013STANDARD INSURANCE COMPANYJul 202126 202737.92 60022371707/21/2021 PRINTED 1013STANDARD INSURANCE COMPANYJul 202125 202762.76 60022371707/21/2021 PRINTED 1013STANDARD INSURANCE COMPANYJul 202122 202710.46 60022371707/21/2021 PRINTED 1013STANDARD INSURANCE COMPANYJul 202110 20271,198.65 60022371607/21/2021 PRINTED 1318WESTERN INSURANCE SPECIALTIES INCAug 202160 202731.16 60022371607/21/2021 PRINTED 1318WESTERN INSURANCE SPECIALTIES INCAug 202122 20274.22 60022371607/21/2021 PRINTED 1318WESTERN INSURANCE SPECIALTIES INCAug 202110 20271,491.70 60022370707/21/2021 VOID 1013STANDARD INSURANCE COMPANYJul 202160 202796.75 60022370707/21/2021 VOID 1013STANDARD INSURANCE COMPANYJul 202154 202721.97 60022370707/21/2021 VOID 1013STANDARD INSURANCE COMPANYJul 202126 202737.92 60022370707/21/2021 VOID 1013STANDARD INSURANCE COMPANYJul 202125 202762.76 60022370707/21/2021 VOID 1013STANDARD INSURANCE COMPANYJul 202122 202710.46 60022370707/21/2021 VOID 1013STANDARD INSURANCE COMPANYJul 202110 20271,198.65 60022370307/21/2021 PRINTED 2588PRE-PAID LEGAL SERVICES, INC.07152110 203398.65 60022370207/21/2021 PRINTED 2058POLICE PROTECTIVE ASSOCIATION07152125 203080.00 60022370207/21/2021 PRINTED 2058POLICE PROTECTIVE ASSOCIATION07152110 2030880.00 60022366307/21/2021 PRINTED 1109LOWES HOME IMPROVEMENT WAREHOUSE2479330900 5905 G2107474.90 60022366307/21/2021 PRINTED 1109LOWES HOME IMPROVEMENT WAREHOUSE1122730900 5905 G2107551.86 60022366207/21/2021 PRINTED 1518LESLIE'S POOL SUPPLIES INC0300101029473107405601735.82 60022365707/21/2021 PRINTED 1274HOME HARDWARE & VARIETYA33398910760 560543.97 60022365707/21/2021 PRINTED 1274HOME HARDWARE & VARIETYA33586110760 560531.76 60022365707/21/2021 PRINTED 1274HOME HARDWARE & VARIETYB31787110620 530133.98 60022365707/21/2021 PRINTED 1274HOME HARDWARE & VARIETYA33404310620 530116.99 60022365707/21/2021 PRINTED 1274HOME HARDWARE & VARIETYB31715310700 560529.98 60022365407/21/2021 PRINTED 1447CHARLES ROWLETT1899460685 530344.48 Page 7375 CLAIMS PAID REPORT, JULY 2021CHECK NUMBER CHECK DATE CHECK TYPEVENDOR NUMBERVENDOR NAMEINVOICEORG OBJECT PROJECT AMOUNT60022365407/21/2021 PRINTED 1447CHARLES ROWLETT1897810500 5303130.00 60022365407/21/2021 PRINTED 1447CHARLES ROWLETT1899110500 530388.96 60022365207/21/2021 PRINTED 1429FORD COUNTRY140106210500 53031,183.45 60022365207/21/2021 PRINTED 1429FORD COUNTRY140164810500 530383.62 60022365207/21/2021 PRINTED 1429FORD COUNTRY140078010500 5303222.20 60022365207/21/2021 PRINTED 1429FORD COUNTRY140137410500 5303112.17 60022364607/21/2021 PRINTED 1125COX COMMUNICATIONS INCJULY 2021 NET/PHONES 10435 51044,792.00 60022364407/21/2021 PRINTED 1117COLONIAL SUPPLEMENTAL INSURANCE3190808-070201861 2027694.44 60022364407/21/2021 PRINTED 1117COLONIAL SUPPLEMENTAL INSURANCE3190808-070201860 2027123.34 60022364407/21/2021 PRINTED 1117COLONIAL SUPPLEMENTAL INSURANCE3190808-070201825 2027104.71 60022364407/21/2021 PRINTED 1117COLONIAL SUPPLEMENTAL INSURANCE3190808-070201810 20273,202.12 60022364307/21/2021 PRINTED 3842CLEAR GOV INC20211125010430 551010,000.00 60022363307/21/2021 PRINTED 1317BOULDER CITY ANIMAL HOSPITAL27850840530 5605 Z5037559.12 60022363307/21/2021 PRINTED 1317BOULDER CITY ANIMAL HOSPITAL27839940530 5605 Z5037243.66 60022363307/21/2021 PRINTED 1317BOULDER CITY ANIMAL HOSPITAL27774540530 5605 Z503769.87 60022363307/21/2021 PRINTED 1317BOULDER CITY ANIMAL HOSPITAL27916740530 5605 Z5037587.49 60022363307/21/2021 PRINTED 1317BOULDER CITY ANIMAL HOSPITAL27916640530 5605 Z5037387.91 60022363307/21/2021 PRINTED 1317BOULDER CITY ANIMAL HOSPITAL27809040530 5605 Z5037323.45 60022333707/01/2021 EFT 3801MARTHA FORD9143510430 5508250.00 60022363007/21/2021 EFT 1035WAXIE'S ENTERPRISES INC.8012158310700 56071,100.65 60022362707/21/2021 EFT 2034VANTAGEPOINT TRANSFER AGENTS57178162 2020126.75 60022362707/21/2021 EFT 2034VANTAGEPOINT TRANSFER AGENTS57178161 202050.00 60022362707/21/2021 EFT 2034VANTAGEPOINT TRANSFER AGENTS57178110 2020731.00 60022362507/21/2021 EFT 2034VANTAGE TRANSFER AGENTS57175763 2020497.27 60022362507/21/2021 EFT 2034VANTAGE TRANSFER AGENTS57175762 20201,023.49 60022362507/21/2021 EFT 2034VANTAGE TRANSFER AGENTS57175761 2020492.50 60022362507/21/2021 EFT 2034VANTAGE TRANSFER AGENTS57175760 20201,437.50 60022362507/21/2021 EFT 2034VANTAGE TRANSFER AGENTS57175754 2020100.00 60022362507/21/2021 EFT 2034VANTAGE TRANSFER AGENTS57175725 202099.89 60022362507/21/2021 EFT 2034VANTAGE TRANSFER AGENTS57175710 202020,797.76 60022362407/21/2021 EFT 2056UNITED WAY OF SOUTHERN NEVADA07152162 202913.00 60022362407/21/2021 EFT 2056UNITED WAY OF SOUTHERN NEVADA07152160 202922.50 60022362407/21/2021 EFT 2056UNITED WAY OF SOUTHERN NEVADA07152110 202922.50 60022362307/21/2021 EFT 2652UHS PREMIUM BILLING73783844437125 202594.17 60022362307/21/2021 EFT 2652UHS PREMIUM BILLING73783844437110 20251,056.33 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351243021210700 5614124.98 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351243018763675 5614101.69 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351243018763675 560336.87 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351243018762670 561476.09 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351243018762670 560336.86 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351243018761650 5614270.15 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351243018761650 560336.87 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351243018710620 561479.89 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351243018710620 560336.86 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351243018710615 5614264.56 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351243018710615 560536.86 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351243018710610 5614104.78 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351243018710610 560336.86 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351242740463675 561477.11 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351242740463675 560336.87 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351242740462670 561476.09 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351242740462670560336.86 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351242740461650 5614270.15 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351242740461650 560336.87 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351242740410620 561479.89 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351242740410620 560336.86 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351242740410615 5614155.73 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351242740410615 560536.86 Page 8376 CLAIMS PAID REPORT, JULY 2021CHECK NUMBER CHECK DATE CHECK TYPEVENDOR NUMBERVENDOR NAMEINVOICEORG OBJECT PROJECT AMOUNT60022362207/21/2021 EFT 774UNIFIRST CORPORATION351242740410610 5614104.78 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351242740410610 560336.86 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351242742910700 5614124.98 60022362207/21/2021 EFT 774UNIFIRST CORPORATION351242742760685 561480.20 60022362107/21/2021 EFT 1431TURF TECH INC502910750 510479,829.37 60022361807/21/2021 EFT 2062TEAMSTERS UNION LOCAL #14Aug202162 2031414.04 60022361807/21/2021 EFT 2062TEAMSTERS UNION LOCAL #14Aug202161 2031777.00 60022361807/21/2021 EFT 2062TEAMSTERS UNION LOCAL #14Aug202160 2031213.00 60022361807/21/2021 EFT 2062TEAMSTERS UNION LOCAL #14Aug202110 20312,084.00 60022361707/21/2021 EFT 3789STAPLES, INC348152447910500 5610262.18 60022361707/21/2021 EFT 3789STAPLES, INC348152448010500 561037.49 60022361707/21/2021 EFT 3789STAPLES, INC348158928610460 5611299.16 60022361707/21/2021 EFT 3789STAPLES, INC348144505940490 5605 M490245.92 60022361707/21/2021 EFT 3789STAPLES, INC348144505910490 5610187.31 60022361707/21/2021 EFT 3789STAPLES, INC348144506040490 5605 M490217.52 60022361507/21/2021 EFT 2651SIERRA HEALTH & LIFE INS CO INC21190000112525 20251,628.89 60022361507/21/2021 EFT 2651SIERRA HEALTH & LIFE INS CO INC21190000112510 202510,414.84 60022361407/21/2021 EFT 794SCHAPER GOLF CORPORATIONAUG 202110750 510237,128.00 60022361207/21/2021 EFT 2126ROGUE 5 MEDIA INC848810750 5503300.00 60022360707/21/2021 EFT 2028LIFE INSURANCE COMPANY OF NORTH AMERICAJul 202160 2027239.33 60022360707/21/2021 EFT 2028LIFE INSURANCE COMPANY OF NORTH AMERICAJul 202154 202748.53 60022360707/21/2021 EFT 2028LIFE INSURANCE COMPANY OF NORTH AMERICAJul 202126 202771.00 60022360707/21/2021 EFT 2028LIFE INSURANCE COMPANY OF NORTH AMERICAJul 202125 2027124.33 60022360707/21/2021 EFT 2028LIFE INSURANCE COMPANY OF NORTH AMERICAJul 202122 202738.26 60022360707/21/2021 EFT 2028LIFE INSURANCE COMPANY OF NORTH AMERICAJul 202110 20273,160.17 60022360307/21/2021 EFT 1313JOHNSTONE SUPPLY OF HENDERSON388S498891900110620 5302413.91 60022360007/21/2021 EFT 906GRAINGER INC995094167510620 5301180.38 60022360007/21/2021 EFT 906GRAINGER INC995008203310620 530157.63 60022359907/21/2021 EFT 3609FERGUSON US HOLDINGS INC096120910615 5305475.90 60022359707/21/2021 EFT 1074BRENDA LEE PIERFELICE707205510500 510475.00 60022359707/21/2021 EFT 1074BRENDA LEE PIERFELICE707205610500 5104150.00 60022359707/21/2021 EFT 1074BRENDA LEE PIERFELICE707205710500 510475.00 60022359507/21/2021 EFT 2328BOULDER CITY POLICE SUPERVISORS ASSOCIATION07152110 2030150.32 60022359307/21/2021 EFT 1386BORDER STATES INDUSTRIES, INC.92240394961900 5905 E1909197.65 60022359207/21/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1VM7P1JT19C110410 561049.21 60022359207/21/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1VM7P1JT19C110450 561020.45 60022359207/21/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1GLD377C1TND10500 5610123.99 60022359207/21/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.17TLTW7YVG6L 10620 5301164.14 60022359207/21/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1VP6TFPV1MG710490 561010.99 60022359207/21/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1LRDNJC134K710460 561132.46 60022359107/21/2021 EFT 1280ACE SHOPPER STOPPER11896310700 56055.99 60022359107/21/2021 EFT 1280ACE SHOPPER STOPPER11893310700 56057.98 60022359107/21/2021 EFT 1280ACE SHOPPER STOPPER11888110620 530130.01 60022358907/21/2021 PRINTED 818XEROX CORPORATION01376729210490 561121.57 60022357107/21/2021 PRINTED 2832RESIDENTIAL FIRE PROTECTIONFB15191410620 5302315.00 60022356707/21/2021 PRINTED 1109LOWES HOME IMPROVEMENT WAREHOUSE959063675 5305119.95 60022356307/21/2021 PRINTED 2018INDUSTRIAL SCIENTIFIC CORP228549910510 5302(3,556.32) 60022356007/21/2021 PRINTED 1447CHARLES ROWLETT1895310500 530319.24 60022355607/21/2021 PRINTED 914CMWORKS INC3768930900 5905 C2009 57,057.50 60022355507/21/2021 PRINTED 1520CAPITAL WESTWARD SYSTEMS & CONTROLSINV1281862670 56031,335.79 60022355407/21/2021 PRINTED 2387SCHULTZ FAMILY ENTERPRISES LLC83128310500 561122.00 60022355407/21/2021 PRINTED 2387SCHULTZ FAMILY ENTERPRISES LLC83129110500561122.00 60022355407/21/2021 PRINTED 2387SCHULTZ FAMILY ENTERPRISES LLC83127610500 561127.50 60022355407/21/2021 PRINTED 2387SCHULTZ FAMILY ENTERPRISES LLC83126710500 561127.50 60022355407/21/2021 PRINTED 2387SCHULTZ FAMILY ENTERPRISES LLC83126310500 561116.50 60022355407/21/2021 PRINTED 2387SCHULTZ FAMILY ENTERPRISES LLC83125610500 561122.00 60022355307/21/2021 PRINTED 980BOULDER CITY HOSPITAL INC163810500 5104150.00 60022355307/21/2021 PRINTED 980BOULDER CITY HOSPITAL INC164910500 5104250.00 Page 9377 CLAIMS PAID REPORT, JULY 2021CHECK NUMBER CHECK DATE CHECK TYPEVENDOR NUMBERVENDOR NAMEINVOICEORG OBJECT PROJECT AMOUNT60022354407/21/2021 EFT 2203VC3 INC6321910435 510233,806.97 60022354107/21/2021 EFT 1423TILMAN ESQ CHRISTOPHER R342210490 5102- 60022353807/21/2021 EFT 3789STAPLES, INC348058900510510 5610178.45 60022353707/21/2021 EFT 3432SOUTHERN TIRE MART LLC750010803562670 5303- 60022353707/21/2021 EFT 3432SOUTHERN TIRE MART LLC750010803561650 5303- 60022353707/21/2021 EFT 3432SOUTHERN TIRE MART LLC750010803560685 5303- 60022353707/21/2021 EFT 3432SOUTHERN TIRE MART LLC750010803510620 5303- 60022353707/21/2021 EFT 3432SOUTHERN TIRE MART LLC750010803510615 5303- 60022353707/21/2021 EFT 3432SOUTHERN TIRE MART LLC750010803510610 5303- 60022353707/21/2021 EFT 3432SOUTHERN TIRE MART LLC750010803510510 5303- 60022353407/21/2021 EFT 2418SITEONE LANDSCAPE SUPPLY-11056962200110615 5305535.13 60022353407/21/2021 EFT 2418SITEONE LANDSCAPE SUPPLY-11030425600110615 56031,728.49 60022353207/21/2021 EFT 794SCHAPER GOLF CORPORATIONJUNE 2021 MERCH/TAX 10750 20189,920.52 60022353207/21/2021 EFT 794SCHAPER GOLF CORPORATIONJUNE 2021 MERCH/TAX 10 20051,493.82 60022353107/21/2021 EFT 2124SATELLITE TRACKING OF PEOPLE LLCSTPINV00090515 10490 51021,341.36 60022353107/21/2021 EFT 2124SATELLITE TRACKING OF PEOPLE LLCSTPINV00090279 10490 5101124.00 60022353007/21/2021 EFT 1263REBEL OIL CO INC7039340IN10 14028,064.40 60022352507/21/2021 EFT 3170HORROCKS ENGINEERS, INC.6227361900 5905 UE182 52,300.00 60022352407/21/2021 EFT 2474GEOTECHNICAL & ENVIRONMENTAL SERVICES INC5881930900 5905 C2009842.50 60022352307/21/2021 EFT 2932GCW, INC.10958830900 5905 C2009600.00 60022351607/21/2021 EFT 1046GRISWOLD INDUSTRIESCR000502922262670 5302(353.52) 60022351607/21/2021 EFT 1046GRISWOLD INDUSTRIESCR000502922162670 5302(183.03) 60022351607/21/2021 EFT 1046GRISWOLD INDUSTRIES82357462670 53024,618.23 60022351607/21/2021 EFT 1046GRISWOLD INDUSTRIESCR000502922062670 5302(617.16) 60022351607/21/2021 EFT 1046GRISWOLD INDUSTRIES82357362670 53029,966.56 60022351507/21/2021 EFT 994CITY OF HENDERSONMSC503563210500 51046,176.00 60022351507/21/2021 EFT 994CITY OF HENDERSONMSC503564910500 510320,350.88 60022351207/21/2021 EFT 1268CARQUEST AUTO PARTS1498111612010615 5302900.66 60022351207/21/2021 EFT 1268CARQUEST AUTO PARTS1498111752910500 530312.04 60022351207/21/2021 EFT 1268CARQUEST AUTO PARTS1498111624563675 5303- 60022351207/21/2021 EFT 1268CARQUEST AUTO PARTS1498111624562670 530321.35 60022351207/21/2021 EFT 1268CARQUEST AUTO PARTS1498111624561650 5303- 60022351207/21/2021 EFT 1268CARQUEST AUTO PARTS1498111624554830 5302- 60022351207/21/2021 EFT 1268CARQUEST AUTO 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EFT 2033BOULDER CITY DISPOSAL INCJUN 202110615 5204632.49 60022351007/21/2021 EFT 2033BOULDER CITY DISPOSAL INCJUN 202110610 5204632.49 60022351007/21/2021 EFT 2033BOULDER CITY DISPOSAL INCJUN 202110530 5204156.73 60022351007/21/2021 EFT 2033BOULDER CITY DISPOSAL INCJUNE 2021 AIRPORT 54830 5204219.85 60022351007/21/2021 EFT 2033BOULDER CITY DISPOSAL INCJUNE 2021 CREEK10750 5204546.21 60022350707/21/2021 EFT 2139ANDERSON PEST CONTROL, LLC14662210900 5301 C21011,200.00 60022350307/20/2021 MANUAL 1055PITNEY BOWES GLOBAL FINANCIAL SERVICES LLC072021 METER REFILL 10510 550640.00 60022350307/20/2021 MANUAL 1055PITNEY BOWES GLOBAL FINANCIAL SERVICES LLC072021 METER REFILL 10430 5506700.00 60022350307/20/2021 MANUAL 1055PITNEY BOWES GLOBAL FINANCIAL SERVICES LLC072021 METER REFILL 10800 5506200.00 60022350307/20/2021 MANUAL 1055PITNEY BOWES GLOBAL FINANCIAL SERVICES LLC072021 METER REFILL 10420 5506100.00 60022350307/20/2021 MANUAL 1055PITNEY BOWES GLOBAL FINANCIAL SERVICES LLC072021 METER 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60022347707/14/2021 MANUAL 3698BANKCARD CENTERJUNE 2021 WG10510 56032,263.32 60022347707/14/2021 MANUAL 3698BANKCARD CENTERJUNE 2021 WG10510 55092,500.00 60022347707/14/2021 MANUAL 3698BANKCARD CENTERJUNE 2021 WG10510 5603179.99 60022347707/14/2021 MANUAL 3698BANKCARD CENTERJUNE 2021 WG10510 560326.99 60022347707/14/2021 MANUAL 3698BANKCARD CENTERJUNE 2021 WG10510 560331.49 60022347207/14/2021 MANUAL 3698BANKCARD CENTERJUNE 2021 BW10440 550818.00 60022347107/14/2021 MANUAL 3698BANKCARD CENTERJUNE 2021 GP10600 561029.70 60022347007/14/2021 MANUAL 3698BANKCARD CENTERJUNE 2021 DS54830 5307943.20 60022347007/14/2021 MANUAL 3698BANKCARD CENTERJUNE 2021 DS10620 55084.49 60022347007/14/2021 MANUAL 3698BANKCARD CENTERJUNE 2021 DS10620 5302149.70 60022347007/14/2021 MANUAL 3698BANKCARD CENTERJUNE 2021 DS10490 530123.22 60022347007/14/2021 MANUAL 3698BANKCARD CENTERJUNE 2021 DS30900 5905 R2002770.22 60022347007/14/2021 MANUAL 3698BANKCARD CENTERJUNE 2021 DS54830 5301160.83 60022347007/14/2021 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60022342507/07/2021 PRINTED 1274HOME HARDWARE & VARIETYA33103910615 56056.58 60022342507/07/2021 PRINTED 1274HOME HARDWARE & VARIETYA33347910615 560518.99 60022342307/07/2021 PRINTED 1231HELENA CHEMICAL COMPANY6376417452860 5601- 60022342307/07/2021 PRINTED 1231HELENA CHEMICAL COMPANY6376417452860 5305- 60022342307/07/2021 PRINTED 1231HELENA CHEMICAL COMPANY6376417410615 5601- 60022342307/07/2021 PRINTED 1231HELENA CHEMICAL COMPANY6376417410615 53051,850.00 60022342207/07/2021 PRINTED 1073HD SUPPLY FACILITIES MAINTENANCE LTD63912362670 5603- 60022342007/07/2021 PRINTED 1447CHARLES ROWLETT1890710500 530359.95 60022342007/07/2021 PRINTED 1447CHARLES ROWLETT1892210500 530392.07 60022342007/07/2021 PRINTED 1447CHARLES ROWLETT1889210500 530322.95 60022342007/07/2021 PRINTED 1447CHARLES ROWLETT1893610500530338.48 60022342007/07/2021 PRINTED 1447CHARLES ROWLETT1894010500 530390.57 60022342007/07/2021 PRINTED 1447CHARLES ROWLETT1887010500 530339.95 60022342007/07/2021 PRINTED 1447CHARLES 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60022339607/07/2021 EFT 2203VC3 INC6164710440 5510242.10 60022339607/07/2021 EFT 2203VC3 INC6164710600 55102,126.25 60022339607/07/2021 EFT 2203VC3 INC6164710700 55103,473.55 60022339607/07/2021 EFT 2203VC3 INC6164710430 55101,884.15 60022339507/07/2021 EFT 2034VANTAGEPOINT TRANSFER AGENTS565155622020126.75 60022339507/07/2021 EFT 2034VANTAGEPOINT TRANSFER AGENTS56515561 202050.00 60022339507/07/2021 EFT 2034VANTAGEPOINT TRANSFER AGENTS56515510 2020731.00 60022339307/07/2021 EFT 2034VANTAGE TRANSFER AGENTS56514263 2020497.27 60022339307/07/2021 EFT 2034VANTAGE TRANSFER AGENTS56514262 20201,023.49 60022339307/07/2021 EFT 2034VANTAGE TRANSFER AGENTS56514261 2020492.50 60022339307/07/2021 EFT 2034VANTAGE TRANSFER AGENTS56514260 20201,437.50 Page 13381 CLAIMS PAID REPORT, JULY 2021CHECK NUMBER CHECK DATE CHECK TYPEVENDOR NUMBERVENDOR NAMEINVOICEORG OBJECT PROJECT AMOUNT60022339307/07/2021 EFT 2034VANTAGE TRANSFER AGENTS56514254 2020100.00 60022339307/07/2021 EFT 2034VANTAGE TRANSFER AGENTS56514225 2020100.00 60022339307/07/2021 EFT 2034VANTAGE TRANSFER AGENTS56514210 202020,266.97 60022339207/07/2021 EFT 999URBAN JUNGLE CONTRACTORS LTD.231261650 53013,385.00 60022339107/07/2021 EFT 2056UNITED WAY OF SOUTHERN NEVADA07012162 202913.00 60022339107/07/2021 EFT 2056UNITED WAY OF SOUTHERN NEVADA07012160 202922.50 60022339107/07/2021 EFT 2056UNITED WAY OF SOUTHERN NEVADA07012110 202922.50 60022339007/07/2021 EFT 774UNIFIRST CORPORATION351242468060685 5614147.70 60022339007/07/2021 EFT 774UNIFIRST CORPORATION351242465763675 5614134.47 60022339007/07/2021 EFT 774UNIFIRST CORPORATION351242465762670 5614136.07 60022339007/07/2021 EFT 774UNIFIRST CORPORATION351242465761650 5614302.93 60022339007/07/2021 EFT 774UNIFIRST CORPORATION351242465710620 5614171.12 60022339007/07/2021 EFT 774UNIFIRST CORPORATION351242465710615 5614161.56 60022339007/07/2021 EFT 774UNIFIRST CORPORATION351242465710610 5614137.56 60022338907/07/2021 EFT 1431TURF TECH INC73730900 5905 R2006 37,164.80 60022338807/07/2021 EFT 1468THATCHER COMPANY OF NEVADA INC506841063675 56011,744.05 60022338707/07/2021 EFT 2062TEAMSTERS UNION LOCAL #14Aug 202163 20253,080.01 60022338707/07/2021 EFT 2062TEAMSTERS UNION LOCAL #14Aug 202162 20256,819.99 60022338707/07/2021 EFT 2062TEAMSTERS UNION LOCAL #14Aug 202161 20258,800.00 60022338707/07/2021 EFT 2062TEAMSTERS UNION LOCAL #14Aug 202160 202511,000.00 60022338707/07/2021 EFT 2062TEAMSTERS UNION LOCAL #14Aug 202154 20253,355.00 60022338707/07/2021 EFT 2062TEAMSTERS UNION LOCAL #14Aug 202122 20251,100.00 60022338707/07/2021 EFT 2062TEAMSTERS UNION LOCAL #14Aug 202110 2025118,395.00 60022338507/07/2021 EFT 991STATE OF NEVADA - PERS ADMIN FUNDJun202163 20235,293.84 60022338507/07/2021 EFT 991STATE OF NEVADA - PERS ADMIN FUNDJun202162 202312,269.90 60022338507/07/2021 EFT 991STATE OF NEVADA - PERS ADMIN FUNDJun202161 202320,229.26 60022338507/07/2021 EFT 991STATE OF NEVADA - PERS ADMIN FUNDJun202160 202320,810.07 60022338507/07/2021 EFT 991STATE OF NEVADA - PERS ADMIN FUNDJun202154 20235,183.26 60022338507/07/2021 EFT 991STATE OF NEVADA - PERS ADMIN FUNDJun202126 20234,651.80 60022338507/07/2021 EFT 991STATE OF NEVADA - PERS ADMIN FUNDJun202125 202312,797.43 60022338507/07/2021 EFT 991STATE OF NEVADA - PERS ADMIN FUNDJun202122 20232,404.48 60022338507/07/2021 EFT 991STATE OF NEVADA - PERS ADMIN FUNDJun202110 2023323,659.45 60022338307/07/2021 EFT 3789STAPLES, INC347977092710520 561032.05 60022338307/07/2021 EFT 3789STAPLES, INC347977092710500 5610465.61 60022338307/07/2021 EFT 3789STAPLES, INC347977092610500 561012.07 60022338307/07/2021 EFT 3789STAPLES, INC348015601610500 561037.49 60022338307/07/2021 EFT 3789STAPLES, INC347804848922493 56114.33 60022338307/07/2021 EFT 3789STAPLES, INC347804848910490 561099.55 60022338307/07/2021 EFT 3789STAPLES, INC347917551310700 561081.53 60022337907/07/2021 EFT 929SIMPSON NORTON CORPORATION15915400210615 530280.04 60022337907/07/2021 EFT 929SIMPSON NORTON CORPORATION41098950010615 53022,379.36 60022337607/07/2021 EFT 3688PERIMETER SOLUTIONS LPINV1473550210510 5506122.77 60022337507/07/2021 EFT 3593MOUNTAIN PINE CONSTRUCTION INC30086462670 53024,330.00 60022337507/07/2021 EFT 3593MOUNTAIN PINE CONSTRUCTION INC30086362670 53024,030.00 60022337407/07/2021 EFT 2078MOBILE MINI INC901088086810750 540261.60 60022337107/07/2021 EFT 1313JOHNSTONE SUPPLY OF HENDERSON205S496669400110620 530232.30 60022337107/07/2021 EFT 1313JOHNSTONE SUPPLY OF HENDERSON205S496456000110620 530298.44 60022337007/07/2021 EFT 906GRAINGER INC994713538162670 530232.57 60022336907/07/2021 EFT 2474GEOTECHNICAL & ENVIRONMENTAL SERVICES INC5873961900 5905 E21023,720.00 60022336907/07/2021 EFT 2474GEOTECHNICAL & ENVIRONMENTAL SERVICES INC5873861900 5905 E19015,280.00 60022336907/07/2021 EFT 2474GEOTECHNICAL & ENVIRONMENTAL SERVICES INC5873761900 5905 E19025,280.00 60022336707/07/2021 EFT 3609FERGUSON US HOLDINGS INC89278341106205301291.06 60022336607/07/2021 EFT 3609FERGUSON US HOLDINGS INC096125962670 530213,110.00 60022336507/07/2021 EFT 2807FENNEMORE CRAIG, P.C107688561650 5102147.37 60022336107/07/2021 EFT 1046GRISWOLD INDUSTRIES82373862670 53027,015.20 60022335507/07/2021 EFT 1268CARQUEST AUTO PARTS1498111695410500 53033.14 60022335507/07/2021 EFT 1268CARQUEST AUTO PARTS1498111719110500 53035.45 60022335507/07/2021 EFT 1268CARQUEST AUTO PARTS1498111652710500 530329.85 Page 14382 CLAIMS PAID REPORT, JULY 2021CHECK NUMBER CHECK DATE CHECK TYPEVENDOR NUMBERVENDOR NAMEINVOICEORG OBJECT PROJECT AMOUNT60022335507/07/2021 EFT 1268CARQUEST AUTO PARTS1498111709810500 53037.81 60022335507/07/2021 EFT 1268CARQUEST AUTO PARTS1498111617062670 530312.25 60022335507/07/2021 EFT 1268CARQUEST AUTO PARTS1498111696261650 530330.90 60022335507/07/2021 EFT 1268CARQUEST AUTO PARTS1498111703110610 530329.58 60022335507/07/2021 EFT 1268CARQUEST AUTO PARTS1498111709410615 53034.83 60022335107/07/2021 EFT 2328BOULDER CITY POLICE SUPERVISORS ASSOCIATION07012110 2030150.00 60022335007/07/2021 EFT 1131BOULDER CITY MAGAZINE LLC575010750 5503275.00 60022334807/07/2021 EFT 2033BOULDER CITY DISPOSAL INCJUNE 202164680 520489,243.21 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1CGL9JVHLYWM 10500 5610107.14 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1CGL9JVHL97T10510 56032,275.80 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1W3JPP7LM3VQ10510 5603263.91 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1VYMPQMG963F 10740 5605(8.99) 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1W3JPP7LL36C10800 5610412.80 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1W3JPP7LL36C10470 5104182.07 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1W3JPP7LL36C10465 5610113.98 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1W3JPP7LL36C10450 5610122.88 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1W3JPP7LL36C10410 561039.10 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1VF4MTX9LVP110420 5610625.58 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1KRYK7KRL79D 10740 561028.81 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1KRYK7KRL79D 10740 560555.27 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1KRYK7KRL79D 10740 5603129.68 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.16R97DTXXV1C10740 5610(20.32) 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1THTJV4PLRRM10740 561033.31 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1W3JPP7LM16963675 5302540.66 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1VF4MTX9LV1G 10615 5605124.01 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.16VCN6HLK7PL10700 560529.25 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.16VCN6HLK7PL10700 5301225.00 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1F9NGJ43L1CM10716 5602115.48 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.14KFQXGJLFWQ 10700 561010.88 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.14KFQXGJLFWQ 10700 56057.35 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1D9HNMFGLYV7 40490 5605 M490281.32 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1W3JPP7LLMQK 10490 561113.99 60022334507/07/2021 EFT 3177AMAZON CAPITAL SERVICES, INC.1W3JPP7LLMQK 10490 561030.96 60022334407/07/2021 EFT 1267AGGREGATE INDUSTRIES - WESTERN71461943610610 5301346.45 60022334307/07/2021 EFT 1280ACE SHOPPER STOPPER11872310700 560551.96 60022334307/07/2021 EFT 1280ACE SHOPPER STOPPER11872810700 5605134.45 60022334307/07/2021 EFT 1280ACE SHOPPER STOPPER11852510615 560519.77 60022334007/01/2021 EFT 1431TURF TECH INC502610750 510479,829.37 60022333907/01/2021 EFT 794SCHAPER GOLF CORPORATIONJUL 202110750 510237,128.00 60022333707/01/2021 EFT 3801MARTHA FORD9143410430 5508769.00 4,485,680.75 Page 15383 City Council Meeting August 24, 2021 Item No. 14B Staff Report TO: Taylour Tedder, City Manager FROM: Diane Pelletier, Finance Director DATE: August 24, 2021 SUBJECT: City Manager’s Report Financial Report (Unaudited) – July 2021 Business Impact Statement: This action will not have a significant economic impact on business and will not directly restrict the formation, operation, or expansion of a business. Action Requested: Provide City Council with monthly unaudited financial reports. Overview: Attached is financial information (unaudited) for the City by fund and a summary of cash and investments. Background Information: None. Financial: Informational only. Boulder City Strategic Plan Goal: Goal #1, Achieve Prudent Financial Stewardship. Department Recommendation: The Finance Department respectfully requests that the City Council receive this report. Attachment: Financial Report (Unaudited), July 2021 BOULDER CITY CITY COUNCIL MAYOR KIERNAN MCMANUS COUNCIL MEMBERS: JAMES HOWARD ADAMS CLAUDIA M.BRIDGES MATHEW FOX SHERRI JORGENSEN ◄ ● ► MEETING LOCATION: CITY COUNCIL CHAMBER 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 MAILING ADDRESS: 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 WEBPAGE: WWW.BCNV.ORG ◄ ● ► ACTING CITY MANAGER: MICHAEL MAYS, AICP CITY ATTORNEY: BRITTANY LEE WALKER, ESQ ACTING CITY CLERK: TAMI MCKAY, MMC, CPO ADMINISTRATIVE SERVICES DIRECTOR: BRYCE BOLDT COMMUNITY DEVELOPMENT DIRECTOR: MICHAEL MAYS, AICP PUBLIC WORKS DIRECTOR: KEEGAN LITTRELL, P.E. UTILITIES DIRECTOR: DENNIS PORTER, P.E. POLICE CHIEF: TIM SHEA FIRE CHIEF: WILLIAM GRAY, CFO FINANCE DIRECTOR: DIANE PELLETIER, CPA PARKS & RECREATION DIRECTOR ROGER HALL 384 PAGE Governmental Funds General Fund 1 Residential Construction Tax, Special Revenue Fund 2 Municipal Court, Special Revenue Fund 3 More Cops and Crime Prevention, Special Revenue Funds 4 Acquistions and Improvements, Capital Projects Fund 5 Multipurpose, Special Revenue Fund 6 Compensated Absences, Special Revenue Fund 7 Extraordinary Maintenance, Special Revenue Fund 8 Risk Management, Special Revenue Fund 9 Capital Improvement, Special Revenue Fund 10 Vehicle Equipment Replacement, Special Revenue Fund 11 Land Improvement 12 Revenue Stabilization, Special Revenue Fund 13 Golf Course Improvement, Special Revenue Fund 14 Redevelopment District #1, Special Revenue Fund 15 Enterprise Funds Cemetery Fund 16 Aviation Fund 17 Utility Fund Administration 18 Electric 19 Water 20 Wastewater 21 Landfill 22 Golf Course Operations Municipal Golf Course 23 Boulder Creek Golf Course 24 Summary of Cash, Cash Equivalents and Investments 25 Cash, Cash Equivalents and Investments by Fund 26 Designated and Restricted Cash, Cash Equivalents and Investments by Fund 27 Utility Fund Cash, Cash Equivalents and Investments 28 Swimming Pool Funding 29 CIP Governmental 30 CIP Proprietary 31 ATTACHMENT Prepared by Public Works CITY OF BOULDER CITY, NEVADA Financial Report (Unaudited) Prepared by Finance Department For the One Month Ended July 31, 2021 (8% of year complete) 385 REVENUES BUDGET Property Taxes 2,129,685$ -$ 0% Licenses and Permits 1,526,000 87,631 6% Consolidated Sales Tax 11,730,976 1,064,807 9% Intergovernmental Revenues 921,473 11,066,370 1201% Charges for Services 4,162,700 373,833 9% Fines and Forfeitures 433,000 42,121 10% Rents and Royalties 13,710,946 1,942,401 14% Miscellaneous **255,300 (15,167) -6% Total Revenues 34,870,080 14,561,997 42% EXPENDITURES City Council 179,216 18,064 10% City Manager 306,708 25,176 8% City Clerk 562,795 20,540 4% Finance 1,284,620 63,504 5% Information Systems 887,033 227,457 26% City Attorney 395,171 17,366 4% Personnel 665,549 19,066 3% Central Services 162,487 9,161 6% Communications 287,016 14,579 5% Municipal Court 926,325 45,748 5% Police 7,236,142 404,786 6% Fire 5,632,121 294,308 5% Public Safety Communications 1,243,754 84,283 7% Animal Control 450,138 25,454 6% Public Works 5,901,352 298,273 5% Recreation 6,479,013 619,973 10% Community Development and Grants 1,863,646 86,068 5% Capital 887,762 - 0% Transfers 5,632,976 5,632,976 100% Contingency 1,000,000 - 0% Total Expenditures 41,983,824 7,906,782 19% Revenues Over (Under) Expenditures (7,113,744) 6,655,216 Estimated Fund Balance at June 30, 2021 * 25,282,184 25,282,184 Estimated Ending Fund Balance *18,168,440$ 31,937,400$ * Includes value of infrastructure. ** Year to date balance is negative due to the investment valuation adjustment, which is expected to fluctuate. CITY OF BOULDER CITY General Fund For the One Month Ended July 31, 2021 (8% of year complete) YEAR TO DATE PERCENT OF BUDGET 1386 REVENUES BUDGET Residential Construction Tax 40,000$ 7,000$ 18% Total Revenues 40,000 7,000 18% EXPENDITURES Total Expenditures - - Revenues Over (Under) Expenditures 40,000 7,000 Estimated Fund Balance at June 30, 2021 * 133,988 133,988 Estimated Ending Fund Balance *173,988$ 140,988$ CITY OF BOULDER CITY Residential Construction Tax, Special Revenue Fund For the One Month Ended July 31, 2021 (8% of year complete) YEAR TO DATE PERCENT OF BUDGET 2387 REVENUES BUDGET Fines and Forfeitures 142,000$ 13,799$ 10% Total Revenues 142,000 13,799 10% EXPENDITURES Salaries, Wages and Employee Benefits 143,860 8,614 6% Services and Supplies 134,300 4,202 3% Capital 80,000 - 0% Total Expenditures 358,160 12,816 4% Revenues Over (Under) Expenditures (216,160) 983 Estimated Fund Balance at June 30, 2021 * 481,976 522,442 Estimated Ending Fund Balance *265,816$ 523,425$ CITY OF BOULDER CITY Municipal Court, Special Revenue Fund For the One Month Ended July 31, 2021 (8% of year complete) YEAR TO DATE PERCENT OF BUDGET 3388 REVENUES BUDGET More Cops Tax 800,000$ 93,618$ 12% Crime Prevention Tax 200,000 25,038 13% Total Revenues 1,000,000 118,655 12% EXPENDITURES Salaries, Wages and Employee Benefits 1,015,158 41,625 4% Services and Supplies 22,600 114 1% Total Expenditures 1,037,758 41,739 4% Revenues Over (Under) Expenditures (37,758) 76,916 Estimated Fund Balance at June 30, 2021 * 505,855 505,855 Estimated Ending Fund Balance *468,097$ 582,771$ CITY OF BOULDER CITY More Cops and Crime Prevention, Special Revenue Funds For the One Month Ended July 31, 2021 (8% of year complete) YEAR TO DATE PERCENT OF BUDGET 4389 REVENUES BUDGET Taxes 70,000$ 21,884$ 31% Intergovernmental - 365,228 Transfers 4,600,000 4,600,000 100% Total Revenues 4,670,000 4,987,112 107% EXPENDITURES CIP Projects **8,964,324 1,413 0% Retainage adjustment on CIP Projects - (33,944) Transfers 195,003 195,003 100% Total Expenditures 9,159,327 162,473 2% Revenues Over (Under) Expenditures (4,489,327) 4,824,639 Estimated Fund Balance at June 30, 2021 * 2,513,319 2,513,319 Estimated Ending Fund Balance *(6,576,008)$ 2,737,958$ * Includes value of infrastructure. ** The budget amount does not agree to the reports prepared by Public Works, because fiscal year 2021 balances have not been finalized and ending balances, including encumbrances, have not yet been updated for fiscal year 2022. CITY OF BOULDER CITY Acquisitions and Improvements, Capital Projects Fund For the One Month Ended July 31, 2021 (8% of year complete) YEAR TO DATE PERCENT OF BUDGET 5390 REVENUES BUDGET State Funds 30,000$ 7,500$ 25% Recreation - 12,451 Miscellaneous 25,000 25 0% Total Revenues 55,000 19,976 36% EXPENDITURES Community Gardens 8,917 - 0% Court Programs 84,789 63 0% Police 134,769 6,822 5% Animal Control 35,514 2,408 7% Recreation 25,000 1,510 6% Total Expenditures 292,066 10,803 4% Revenues Over (Under) Expenditures (237,066) 9,173 Estimated Fund Balance at June 30, 2021 * 2,181,023 2,181,023 Estimated Ending Fund Balance *1,918,957$ 2,190,171$ CITY OF BOULDER CITY Multipurpose, Special Revenue Fund For the One Month Ended July 31, 2021 (8% of year complete) YEAR TO DATE PERCENT OF BUDGET 6391 REVENUES BUDGET Rents and Royalties 198,541$ 28,218$ 14% Transfers 400,000 400,000 100% Total Revenues 598,541 428,218 72% EXPENDITURES Employee Benefits 2,500,000 - 0% Total Expenditures 2,500,000 - 0% Revenues Over (Under) Expenditures (1,901,459) 428,218 Estimated Fund Balance at June 30, 2021 * 2,076,122 2,076,122 Estimated Ending Fund Balance *174,663$ 2,504,340$ * Includes value of infrastructure. Fund balance ceiling equals total liability FY 2020 CAFR Liability 3,610,172$ CITY OF BOULDER CITY Compensated Absences, Special Revenue Fund For the One Month Ended July 31, 2021 (8% of year complete) YEAR TO DATE PERCENT OF BUDGET 7392 REVENUES BUDGET Rents and Royalties 198,541$ 28,218$ 14% Transfers 250,000 250,000 100% Total Revenues 448,541 278,218 62% EXPENDITURES Services and Supplies 2,200,000 - 0% Total Expenditures 2,200,000 - 0% Revenues Over (Under) Expenditures (1,751,459) 278,218 Estimated Fund Balance at June 30, 2021 * 2,740,774 2,740,774 Estimated Ending Fund Balance *989,315$ 3,018,992$ * Includes value of infrastructure. Fund balance ceiling 5% of total Governmental Assets FY 2020 CAFR Total Governmental Capital Assets 202,580,881$ 5% of total capital assets 10,129,044$ CITY OF BOULDER CITY Extraordinary Maintenance, Special Revenue Fund For the One Month Ended July 31, 2021 (8% of year complete) YEAR TO DATE PERCENT OF BUDGET 8393 REVENUES BUDGET Rents and Royalties 198,541$ 28,218$ 14% Charges for Services - 4,471 Transfers 887,976 887,976 100% Total Revenues 1,086,517 920,665 85% EXPENDITURES Services and Supplies 2,387,976 370,851 16% Total Expenditures 2,387,976 370,851 16% Revenues Over (Under) Expenditures (1,301,459) 549,814 Estimated Fund Balance at June 30, 2021 * 1,540,142 1,540,142 Estimated Ending Fund Balance *238,683$ 2,089,956$ * Includes value of infrastructure. Fund balance ceiling 10% of prior year General Fund expenditures FY 2020 CAFR Total General Fund Expenditures 29,428,735$ 10% of total expenditures 2,942,874$ CITY OF BOULDER CITY Risk Management, Special Revenue Fund For the One Month Ended July 31, 2021 (8% of year complete) YEAR TO DATE PERCENT OF BUDGET 9394 REVENUES BUDGET Rents and Royalties 3,609,830$ 520,246$ 14% Total Revenues 3,609,830 520,246 14% EXPENDITURES Transfers 2,750,000 2,750,000 100% Total Expenditures 2,750,000 2,750,000 100% Revenues Over (Under) Expenditures 859,830 (2,229,754) Estimated Fund Balance at June 30, 2021 * 15,182,101 15,182,101 Estimated Ending Fund Balance *16,041,931$ 12,952,347$ * Includes value of infrastructure. CITY OF BOULDER CITY Capital Improvement, Special Revenue Fund (Requires Voter Approval) For the One Month Ended July 31, 2021 (8% of year complete) YEAR TO DATE PERCENT OF BUDGET 10395 REVENUES BUDGET Rents and Royalties 198,541$ 28,218$ 14% Transfers 495,000 495,000 100% Total Revenues 693,541 523,218 75% EXPENDITURES Capital 314,762 - 0% Total Expenditures 314,762 - 0% Revenues Over (Under) Expenditures 378,779 523,218 Estimated Fund Balance at June 30, 2021 * 2,197,420 2,197,420 Estimated Ending Fund Balance *2,576,199$ 2,720,638$ * Includes value of infrastructure. Fund balance ceiling 5% of total Governmental Assets FY 2020 CAFR Total Governmental Capital Assets 202,580,881$ 5% of total capital assets 10,129,044$ CITY OF BOULDER CITY Vehicle Equipment Replacement, Special Revenue Fund For the One Month Ended July 31, 2021 (8% of year complete) YEAR TO DATE PERCENT OF BUDGET 11396 REVENUES BUDGET Total Revenues - - EXPENDITURES Services and Supplies 25,000 197 1% Total Expenditures 25,000 197 1% Revenues Over (Under) Expenditures (25,000) (197) Estimated Fund Balance at June 30, 2021 * 160,015 160,015 Estimated Ending Fund Balance *135,015$ 159,818$ * Includes value of infrastructure. CITY OF BOULDER CITY Land Improvement, Special Revenue Fund For the One Month Ended July 31, 2021 (8% of year complete) YEAR TO DATE PERCENT OF BUDGET 12397 REVENUES BUDGET Rents and Royalties 198,541$ 28,218$ 14% Total Revenues 198,541 28,218 14% EXPENDITURES Total Expenditures - - Revenues Over (Under) Expenditures 198,541 28,218 Estimated Fund Balance at June 30, 2021 * 2,638,844 2,638,844 Estimated Ending Fund Balance *2,837,385$ 2,667,062$ * Includes value of infrastructure. Fund balance ceiling 10% of prior year General Fund expenditures FY 2020 CAFR Total General Fund Expenditures 29,428,735$ 10% of total expenditures 2,942,874$ CITY OF BOULDER CITY Revenue Stabilization, Special Revenue Fund For the One Month Ended July 31, 2021 (8% of year complete) YEAR TO DATE PERCENT OF BUDGET 13398 REVENUES BUDGET Municipal GC Surcharge Fee 100,000$ 10,238$ 10% Boulder Creek GC Surcharge Fee 100,000 7,350 7% Transfers 195,003 195,003 100% Total Revenues 395,003 212,591 54% EXPENDITURES Capital 141,562 - 0% Total Expenditures 141,562 - 0% Revenues Over (Under) Expenditures 253,441 212,591 Estimated Fund Balance at June 30, 2021 * 653,309 653,309 Estimated Ending Fund Balance *906,750$ 865,900$ * Includes value of infrastructure. CITY OF BOULDER CITY Golf Course Improvement, Special Revenue Fund For the One Month Ended July 31, 2021 (8% of year complete) YEAR TO DATE PERCENT OF BUDGET 14399 REVENUES BUDGET Property Taxes 984,820$ -$ 0% Total Revenues 984,820 - 0% EXPENDITURES Salaries, Wages and Employee Benefits 188,214 13,424 7% Services and Supplies 383,382 - 0% Capital 1,000,000 - 0% Total Expenditures 1,571,596 13,424 1% Revenues Over (Under) Expenditures (586,776) (13,424) Estimated Fund Balance at June 30, 2021 * 2,946,037 2,946,037 Estimated Ending Fund Balance *2,359,261$ 2,932,613$ * Includes value of infrastructure. CITY OF BOULDER CITY Redevelopment District #1, Special Revenue Fund For the One Month Ended July 31, 2021 (8% of year complete) YEAR TO DATE PERCENT OF BUDGET 15400 REVENUES BUDGET Sale of Lots 90,000$ 7,807$ 9% Other Charges for Services 53,000 7,902 15% Miscellaneous 14,000 (969) -7% Total Revenues 157,000 14,740 9% EXPENSES Cemetery Operations 150,405 3,833 3% Depreciation 16,000 - 0% Total Expenses 166,405 3,833 2% Revenues Over (Under) Expenses (9,405) 10,907 Estimated Net Position at June 30, 2021 * 1,127,038 1,127,038 Estimated Ending Net Position *1,103,633$ 1,138,914$ * Includes value of infrastructure. CITY OF BOULDER CITY Cemetery, Enterprise Fund For the One Month Ended July 31, 2021 (8% of year complete) YEAR TO DATE PERCENT OF BUDGET 16401 REVENUES BUDGET Non-business Licenses and Permits 5,000$ -$ 0% Federal Grants 1,540,831 - 0% Intergovernmental Aviation Fuel Taxes 19,432 2,205 11% Airport Rents: Tiedowns 36,000 9,788 27% Self Service Fuel 40,000 13,352 33% Fuel Flow Fees 25,000 3,339 13% Fuel Storage Fees 13,500 3,465 26% Landing Fees 2,500 - 0% Commercial Ground Lease 96,250 33,369 35% Private Ground Lease 101,736 32,131 32% Hangar Rentals 162,596 10,258 6% Miscellaneous 6,000 1,195 20% Total Revenues 2,048,845 109,102 5% EXPENSES Airport Operations 2,637,247 45,629 2% Depreciation 1,000,000 - 0% Capital 384,180 - 0% Total Expenses 4,021,427 45,629 1% Revenues Over (Under) Expenses (1,972,582) 63,474 Estimated Net Position at June 30, 2021 * 22,576,943 22,576,943 Estimated Ending Net Position * 20,598,361$ 22,639,222$ * Includes value of infrastructure. Aviation, Enterprise Fund For the One Month Ended July 31, 2021 (8% of year complete) YEAR TO DATE PERCENT OF BUDGET CITY OF BOULDER CITY 17402 REVENUES BUDGET Miscellaneous -$ 275$ Transfers 3,227,820 268,985 8% Total Revenues 3,227,820 269,260 8% EXPENSES Utility Administration Operations 3,227,820 437,729 14% Capital **15,096 - 0% Total Expenses 3,242,916 437,729 13% Revenues Over (Under) Expenses (15,096) (168,469) Estimated Net Position at June 30, 2021 * 7,337,658 7,337,658 Estimated Ending Net Position *7,322,562$ 7,169,189$ * Includes value of infrastructure. ** The budget amount does not agree to the reports prepared by Public Works, because fiscal year 2021 balances have not been finalized and ending balances, including encumbrances, have not yet been updated for fiscal year 2022. CITY OF BOULDER CITY Utility, Enterprise Fund - Administration For the One Month Ended July 31, 2021 (8% of year complete) YEAR TO DATE PERCENT OF BUDGET 18403 REVENUES BUDGET Electric Billing **16,187,200$ (43,881)$ 0% Hook-up Fees 210,000 27,000 13% Miscellaneous - 2,833 Transfers 600,000 600,000 100% Total Revenues 16,997,200 585,952 3% EXPENSES Electric Operations 9,700,559 100,904 1% Depreciation 1,100,000 - 0% Capital ***7,231,253 524 0% Retainage adjustment on CIP Projects - (206,882) Transfers 1,839,858 153,322 8% Total Expenses 19,871,670 47,868 0% Revenues Over (Under) Expenses (2,874,470) 538,084 Estimated Net Position at June 30, 2021 * 36,825,376 36,825,376 Estimated Ending Net Position *33,350,906$ 36,763,460$ * Includes value of infrastructure. *** The budget amount does not agree to the reports prepared by Public Works, because fiscal year 2021 balances have not been finalized and ending balances, including encumbrances, have not yet been updated for fiscal year 2022. ** Year to date balance is negative due to the July utility bills relating May 24 to June 30 usage and the adjustment to accrue the receivable/revenue as of June 30. PERCENT OF BUDGET CITY OF BOULDER CITY Utility, Enterprise Fund - Electric For the One Month Ended July 31, 2021 (8% of year complete) YEAR TO DATE 19404 REVENUES BUDGET Intergovernmental Revenues 800,000$ 90,735$ 11% Water Billing 9,644,200 194,918 2% Hook-up Fees 255,600 52,150 20% Transfers 850,000 850,000 100% Total Revenues 11,549,800 1,187,804 10% EXPENSES Water Operations 6,275,711 57,194 1% Depreciation 2,950,000 - 0% Capital ** 2,584,716 - 0% Retainage adjustment on CIP Projects - (282,107) Debt Service 4,556,951 - 0% Transfers 968,346 80,696 8% Total Expenses 17,335,724 (144,218) -1% Revenues Over (Under) Expenses (5,785,924) 1,332,022 Estimated Net Position at June 30, 2021 * 28,662,039 28,662,039 Estimated Ending Net Position * 22,876,115$ 29,994,061$ * Includes value of infrastructure. ** The budget amount does not agree to the reports prepared by Public Works, because fiscal year 2021 balances have not been finalized and ending balances, including encumbrances, have not yet been updated for fiscal year 2022. Utility, Enterprise Fund - Water For the One Month Ended July 31, 2021 (8% of year complete) YEAR TO DATE PERCENT OF BUDGET CITY OF BOULDER CITY 20405 REVENUES BUDGET Wastewater Billing 2,000,000$ 11,769$ 1% Hook-up Fees 40,000 12,700 32% Transfers 300,000 300,000 100% Total Revenues 2,340,000 324,469 14% EXPENSES Wastewater Operations 891,592 23,824 3% Depreciation 601,000 - 0% Capital **2,024,950 - 0% Transfers 322,781 26,898 8% Total Expenses 3,840,323 50,722 1% Revenues Over (Under) Expenses (1,500,323) 273,746 Estimated Net Position at June 30, 2021 * 14,400,747 14,400,747 Estimated Ending Net Position *12,900,424$ 14,674,493$ * Includes value of infrastructure. ** The budget amount does not agree to the reports prepared by Public Works, because fiscal year 2021 balances have not been finalized and ending balances, including encumbrances, have not yet been updated for fiscal year 2022. PERCENT OF BUDGET CITY OF BOULDER CITY Utility, Enterprise Fund - Wastewater For the One Month Ended July 31, 2021 (8% of year complete) YEAR TO DATE 21406 REVENUES BUDGET Refuse Billing 1,600,900$ 15,278$ 1% Total Revenues 1,600,900 15,278 1% EXPENSES Landfill and Refuse Collection Operations 1,173,000 - 0% Depreciation 20,000 - 0% Capital **621,285 - 0% Transfers 96,835 8,070 8% Total Expenses 1,911,120 8,070 0% Revenues Over (Under) Expenses (310,220) 7,209 Estimated Net Position at June 30, 2021 * 3,859,168 3,859,168 Estimated Ending Net Position *3,548,948$ 3,866,377$ * Includes value of infrastructure. ** The budget amount does not agree to the reports prepared by Public Works, because fiscal year 2021 balances have not been finalized and ending balances, including encumbrances, have not yet been updated for fiscal year 2022. Utility, Enterprise Fund - Landfill For the One Month Ended July 31, 2021 (8% of year complete) YEAR TO DATE PERCENT OF BUDGET CITY OF BOULDER CITY 22407 REVENUES BUDGET Green Fees 920,000$ 99,405$ 11% Range Balls 13,800 1,824 13% Membership Fees - 15,150 Merchant Sales 5,000 - 0% Restaurant Lease 12,000 2,352 20% Total Revenues 950,800 118,731 12% EXPENDITURES Professional 281,040 40,860 15% Technical 655,575 105,537 16% Monitoring Security Services 2,148 358 17% Pest Control 1,000 - 0% Solid Wastes Services 5,000 - 0% Maintenance Facilities 2,240 - 0% Maintenance Equipment 8,000 - 0% Maintenance Vehicles 44,000 28 0% Maintenance Grounds 13,600 - 0% Communications 9,500 - 0% Advertising Marketing 18,000 575 3% Pubs Subs Dues Fees 14,000 186 1% Equipment 1,221 - 0% Fuel 500 - 0% General 1,000 76 8% Golf Course 4,000 - 0% Janitorial 3,500 - 0% Office Supplies 3,150 - 0% Utility Services 395,000 48,499 12% Total Expenditures 1,462,474 196,119 13% Revenues Over (Under) Expenditures (511,674)$ (77,388)$ CITY OF BOULDER CITY Municipal Golf Course Operations For the One Month Ended July 31, 2021 (8% of year complete) YEAR TO DATE PERCENT OF BUDGET 23408 REVENUES BUDGET Green Fees 1,500,000$ 110,549$ 7% Merchant Sales 10,000 - 0% Pavilion Rent 9,000 3,300 37% Membership Fees 75,000 35,540 47% Restaurant Lease 30,000 3,952 13% Golf Lessons 4,000 1,160 29% Disc Golf - 636 Total Revenues 1,628,000 155,137 10% EXPENDITURES Professional 487,286 74,256 15% Other Professional Services 3,000 - 0% Technical 967,287 159,659 17% Monitoring Security Services 2,400 458 19% Pest Control 1,000 - 0% Solid Waste Services 6,500 - 0% Maintenance Facilities 13,200 - 0% Maintenance Equipment 35,000 - 0% Maintenance Vehicles 52,000 - 0% Storage Rent 2,400 123 5% Communications 12,200 - 0% Advertising Marketing 20,000 575 3% Postage and Shipping 700 - 0% Pubs Subs Dues Fees 50,000 555 1% Travel and Training 180 - 0% Golf Course Merchandise 5,000 - 0% Equipment 8,100 - 0% General 7,550 - 0% Golf Course 10,000 - 0% Janitorial 7,000 433 6% Office Supplies 7,000 - 0% Utility Services 460,000 51,785 11% Total Expenditures 2,157,803 287,845 13% Revenues Over (Under) Expenditures (529,803)$ (132,708)$ CITY OF BOULDER CITY Boulder Creek Golf Course Operations For the One Month Ended July 31, 2021 (8% of year complete) YEAR TO DATE PERCENT OF BUDGET 24409 CASH, CASH EQUIVALENTS AND INVESTMENTS BALANCE Wells Fargo Brokerage 20,019,590$ Nevada State Bank Sweep 48,427,344 Nevada State Bank Operating 42,904 State of Nevada Local Government Investment Pool 65,785,719 134,275,557$ INVESTMENT INCOME Wells Fargo Brokerage 16,527$ Nevada State Bank Sweep 328 Local Government Investment Pool 9,362 26,217$ CITY OF BOULDER CITY Summary of Cash, Cash Equivalents and Investments For the One Month Ended July 31, 2021 (8% of year complete) 25410 FUNDTOTALRESTRICTEDDESIGNATEDUNEARNEDAVAILABLEGeneral30,729,500$ -$ 5,470,482$ 733,808$ 24,525,210$ Residential Construction Tax141,299 141,299 - - - Municipal Court476,498 429,720 46,778 - - More Cops and Crimes Prevention561,886 339,067 222,818 - - Acquisitions and Improvements9,245,468 6,965,077 2,000,000 - 280,391 ***Multipurpose2,226,039 2,226,039 - - - Compensated Absence2,505,143 2,505,143 - - - Extraordinary Maintenance3,020,058 2,231,091 788,967 - - Risk Management2,473,603 2,473,603 - - - Capital Improvement13,015,163 13,015,163 - - - Vehicle Equipment Replacement2,721,505 2,721,505 - - - Land Improvement159,874 159,874 - - - Revenue Stabilization2,668,082 2,668,082 - - - Golf Course Improvement866,153 866,153 - - - Redevelopment District #12,936,158 2,833,000 103,158 - - Cemetery984,890 401,128 - - 583,762 **Aviation2,876,160 - 417,395 32,742 2,426,023 **Utility56,475,877 5,265,228 13,454,911 - 37,755,738 **Total134,083,356 45,241,174$ 22,504,509$ 766,550$ 65,571,124$ Bank Balance134,275,557 Difference *(192,201)$ * Difference between General Ledger and Bank is due to deposits in transit and outstanding checks.** Amounts are available only for use in the applicable fund.*** Available for ReallocationCITY OF BOULDER CITYCash, Cash Equivalents and Investments by FundFor the One Month Ended July 31, 2021 (8% of year complete)26411 DESIGNATION/RESTRICTION FUND BALANCE Emergency Capital Reserve General -$ Operating Reserve General 5,470,482 Operating Reserve Municipal Court 46,778 Operating Reserve More Cops and Crimes Prevention 222,818 Emergency Capital Reserve Acquisitions and Improvements 2,000,000 Swimming Pool Reserve Multipurpose 1,367,486 Swimming Pool Reserve Extraordinary Maintenance 788,967 Swimming Pool Reserve Capital Improvement 7,000,000 Operating Reserve Redevelopment District #1 103,158 Restricted for Specific Fund Purpose Various 31,207,332 48,207,021 Perpetual Care Cemetery 401,128 Emergency Capital Reserve Aviation 250,000 Operating Reserve Aviation 167,395 Utility Emergency Capital Reserve Administration 5,000,000 Rate Stabilization Reserve Administration 3,000,000 RDA Utility Reserve Administration 942,630 Customer Deposits Electric 197,260 Operating Reserve Electric 2,182,824 Bond Reserve Water 2,326,922 Operating Reserve Water 1,863,539 Operating Reserve Wastewater 223,077 Landfill Closure Landfill 1,464,615 Landfill Construction Fees Reserve Landfill 1,276,431 Operating Reserve Landfill 242,841 19,538,662 67,745,683$ CITY OF BOULDER CITY Designated and Restricted Cash, Cash Equivalents and Investments For the One Month Ended July 31, 2021 (8% of year complete) Total Governmental Funds Total Enterprise Funds Total Designated and Restricted 27412 UTILITY FUND TOTAL RESTRICTED AND/OR DESIGNATED AVAILABLE Administration 8,615,688$ 8,942,630$ (326,942)$ Electric 19,736,913 2,380,084 17,356,829 Water 17,900,898 4,190,461 13,710,437 Wastewater 5,406,545 223,077 5,183,468 Landfill 4,815,833 2,983,887 1,831,946 Total 56,475,877$ 18,720,139$ 37,755,738$ CITY OF BOULDER CITY Utility Fund Cash, Cash Equivalents and Investments For the One Month Ended July 31, 2021 (8% of year complete) 28413 Swimming Pool Funding For the One Month Ended July 31, 2021 (8% of year complete) 29414 Prepared by Public Works 415 City Of Boulder City's Acquisitions and Improvements, Capital Projects Fund Year to Date as of 7/31/2021 Munis PROJECT ACCOUNT DESCRIPTION ORIGINAL BUDGET FISCAL YEAR END TOTAL APPROVED BUDGET PREVIOUSLY EXPENDED REVISED BUDGET FY 22 YTD EXPENDED ENCUMBRANCES AVAILABLE BUDGET C1908 RTC Pavement Maintenance 2019 2019 250,000 154,880 95,120 0 0 95,120 C2003 SLURRY SEAL FY19-20 2020 700,000 649,265 50,735 0 0 50,735 C2004 STREET RECON FY 19-20 2020 1,400,000 98,917 1,301,083 0 56,399 1,244,684 C2005 RTC RAILROAD MUSEUM ROAD 2020 500,000 120,356 379,644 0 108,675 270,969 C2006 PEDESTRIAN SAFETY UPGRAD 19-20 2020 210,000 197,794 12,206 0 0 12,206 C2007 ADA UPGRADES PROGRAM FY19-20 R 2020 250,000 247,257 2,743 0 0 2,743 C2008 BIKEPATH REHABILITATION RTC 2020 400,000 383,556 16,444 0 0 16,444 C2009 HEMENWAY SYSTEM PHASE IIB 2020 5,202,802 357,371 4,845,431 0 4,834,705 10,726 C2010 INTERSECTION IMPROVE RTC NV WA 2020 200,000 138,172 61,828 0 43,647 18,181 C2011 RTC Bike Path - Hemenway 2020 250,000 2,411 247,589 0 23,430 224,159 C2103 Slurry Seal FY 21 2021 1,262,400 211,148 1,051,252 0 854,186 197,066 C2104 R.T.C. Street Recon FY21 2021 1,000,000 0 1,000,000 0 0 1,000,000 C2106 Pedestrian Safety Upgrade FY21 2021 300,000 189,736 110,264 0 25,000 85,264 C2107 ADA Upgrades Program FY21 2021 250,000 241,844 8,156 0 76 8,080 C2108 Bikepath Rehabilitation FY21 2021 400,000 122,480 277,521 0 103,509 174,012 C2109 CC HP Sheep Habitat 2021 302,600 166,342 136,258 0 31,397 104,861 C2110 PH 2 - BC Parkway Complete Streets 2021 750,000 0 750,000 0 0 750,000 E1409 HEMENWAY SYSTEM PHASE 2 2010 935,500 461,719 473,781 0 148,448 325,333 E1703 BC PARKWAY-RTC 2019 16,945,000 16,802,531 142,469 0 0 142,469 PW162 RIVER MT LOOP TRAIL SEG 2 2019 377,690 4,880 372,810 0 6,540 366,270 Outside funding 5,099,322 F2101 Replace Cardiac Monitors 2021 150,000 148,311 1,689 0 0 1,689 F2102 Replace Auto Extraction Equipment 2021 50,000 0 50,000 0 49,274 726 F2104 Fire Station Air -Vac Diesel Exhaust 2021 56,754 21,877 34,877 0 21,877 13,000 G1903 AQUATIC & CULTURAL CENTER DESG 2019 200,000 0 200,000 0 0 200,000 G1907 FLEET REPLACEMENT-PUBLIC WORKS 2019 520,000 515,580 4,420 0 0 4,420 G1909 BOULDER CREEK EQUIPMENT LEASE 2019 420,000 390,813 29,187 0 18,990 10,197 G1914 BOULDER CREEK PAVILLION IMPRV 2019 150,000 62,347 87,653 0 0 87,653 G2001 City Shops Renovation/Expansio 2020 100,000 46,668 53,332 0 0 53,332 G2002 City Shops Main Bldg Renovatio 2020 200,000 54,012 145,988 0 8,880 137,108 G2003 HVAC REPLACEMENT 2020 484,000 77,276 406,724 0 20,000 386,724 G2004 Video Security System All Faci 2020 250,000 51,054 198,946 0 7,442 191,504 G2005 Sidewalk Hazard Repair 2020 50,000 23,848 26,152 0 0 26,152 G2006 School Zone Crosswalk Renovati 2020 30,000 0 30,000 0 0 30,000 G2007 Street Light Conversion to LED 2020 100,000 65,831 34,169 0 19,322 14,847 G2101 Streetscape Rehabilitation 2021 50,000 0 50,000 0 0 50,000 G2102 City Facility Parking Lot Renovation 2021 200,000 0 200,000 0 200,000 G2105 Design Cottage 3 ABC Park 2021 100,000 73,880 26,120 0 25,790 330 G2106 City Hall ADA Access Improvements 2021 35,000 7,400 27,600 0 0 27,600 G2107 Council Chamber Remodel 2021 120,000 0 120,000 1,413 30,980 87,607 G2201 City Shops Covered Parking 2021 60,000 0 60,000 0 0 60,000 G2202 Public Safety Dispatch Microwave Rep 2022 155,000 0 155,000 0 0 155,000 G2203 Self Contained Breathing Apparatus 2022 155,000 0 155,000 0 149,915 5,085 H2001 BISTRO LIGHTING - HISTORIC COM 2020 250,000 79,564 170,436 0 0 170,436 I2101 Server Replacement 2021 25,000 0 25,000 0 0 25,000 P2101 Communications Equipment in Emerge 2021 75,000 0 75,000 0 0 75,000 P2102 ICS Vehicle Communication Equip 2021 28,000 0 28,000 0 0 28,000 R2002 Whalen Field Concession Building 2020 254,764 250,597 4,167 0 2,508 1,659 R2006 City Park Irrigation Renovatio 2020 100,000 88,458 11,542 0 0 11,542 R2015 BCGC Maintenance Yard Paving 2020 150,000 17,418 132,582 0 0 132,582 R2016 Muni Golf Cottonwood Tree Remo 2020 140,000 0 140,000 0 0 140,000 R2101 ABC Park Gym Light Replacement 2021 25,000 0 25,000 0 0 25,000 R2102 Recreation Center - Flat Roof 2021 60,000 0 60,000 0 0 60,000 R2103 Aquatic Center Filtration System 2021 60,000 0 60,000 0 10,507 49,493 R2104 Pool Surge Trench Repair 2021 50,000 0 50,000 0 0 50,000 R2105 Add Lighting to Vets Skate Park 2021 45,000 0 45,000 0 0 45,000 R2106 Sand Bin - BCGC 2021 100,000 0 100,000 0 35,340 64,660 R2109 Consultant Repair Existing Pool 2021 71,000 56,490 14,510 0 0 14,510 R2201 ABC Park Repaving Parking lot 2022 250,000 0 250,000 0 0 250,000 R2202 Park Irrigation Replacement 2022 100,000 0 100,000 0 0 100,000 R2203 Park Improvements 2022 200,000 0 200,000 0 0 200,000 R2204 BC Golf Course Improvements 2022 100,000 0 100,000 0 0 100,000 R2205 Muni Golf Course Improvements 2022 75,000 0 75,000 0 0 75,000 R2206 Pet Mausoleum Design 2022 50,000 0 50,000 0 0 50,000 R2207 Community Gardens ABC Park 2022 75,000 0 75,000 0 0 75,000 R2208 Golf Cart Lease-to-Own - BCGC 2022 283,735 0 283,735 0 0 283,735 Other City Funds 3,769,591 Closed in FYE 22 0 Projects closed for reallocation in FY22 Projects closed for reallocation in FY21 0 Reallocation balance prior to FYE22 3,417,514 Total available for Reallocation 3,417,514 Total 30900 SPF SPECIAL PROJECTS FU 15,507,163 1,413 6,636,837 8,868,913 Total 30 SPECIAL PROJECTS FUND 15,507,163 1,413 6,636,837 8,868,913 Revenue Total 0 0 0 0 Expense Total 15,507,163 1,413 6,636,837 8,868,913 Grand Total 15,507,163 1,413 6,636,837 8,868,913 FOOTNOTES 7/20/21 - The Acting City Manager approved the transfer of $13K from Fire Project G2203 to F2104. PREPARED BY CIP COORDINATOR 08/10/21 30416 City of Boulder City's Utility Funds Capital Projects Year to Date as of 7/31/2021 MUNIS PROJECT ACCOUNT DESCRIPTION ORIGINAL BUDGET FISCAL YEAR END TOTAL APPROVED BUDGET PRIOR TO FYE 22 CIP FUNDS APPROVED FOR FYE 22 TOTAL APPROVED BUDGET AS OF FYE 22 PREVIOUSLY EXPENDED REVISED BUDGET FY 22 YTD EXPENDED ENCUMBRANCES AVAILABLE BUDGET U1901 CITY SHOP UTIL ADM BLDG REFURB 2019 100,000 0 100,000 82,523 17,477 0 0 17,477 Total 60900 UT CAPITAL PROJECTS 17,477 0 0 17,477 Total 60 UTILITY ADMIN FUND 17,477 0 0 17,477 E1901 FEEDER 63 TO SUBSTATION 3 TIE 2019 400,000 0 400,000 153,817 246,183 0 3,520 242,663 E1902 FEEDER 53 REPLACEMENT 2019 500,000 0 500,000 323,712 176,288 0 3,520 172,768 E1905 FEEDER 64-TEMPLE ROCK REROUTE 2019 150,000 0 150,000 55,869 94,131 0 0 94,131 E1907 SUBSTATION IMPROVEMENTS 2019 70,000 0 70,000 43,586 26,414 0 0 26,414 E1909 4KV OVERHEAD LINE INSULATOR, T 2019 3,590,000 0 3,590,000 3,083,593 506,407 524 485,806 20,077 E2001 BC TAP TO BUCHANAN OVERHEAD LI 2020 9,800,000 0 9,800,000 3,154,088 6,645,912 0 6,639,104 6,808 E2009 Capital Equipment Purchase 2020 836,232 0 836,232 648,987 187,245 0 0 187,245 E2010 Claremont Conversion 2020 500,000 0 500,000 170,834 329,166 0 19,963 309,203 E2011 Substation 5 Reclosure Replace 2020 90,000 0 90,000 91,555 (1,555)0 (1,555) E2101 San Felipe - Mendota Feeder 2021 500,000 1,400,000 1,900,000 0 1,900,000 0 0 1,900,000 E2102 Circuit 45-61-62 Tie 2021 1,100,000 0 1,100,000 10,640 1,089,360 0 2,480 1,086,880 E2103 Circuit 63-64 Tie 2021 100,000 300,000 400,000 6,400 393,600 0 1,960 391,640 E2105 Pole Replacement Program 2021 450,000 450,000 900,000 129,653 770,347 0 1 770,346 E2201 Feeder 14-24 Tie Replacement 2022 0 400,000 400,000 0 400,000 0 0 400,000 E2202 Red Mountain Distribution Line 2022 0 1,200,000 1,200,000 0 1,200,000 0 0 1,200,000 UE161 BC TAP TRANSFORMER/BKR 2016 2,720,000 0 2,720,000 2,420,808 299,192 0 0 299,192 UE182 Feeder Arizona St 2018 2,056,555 0 2,056,555 1,099,614 956,941 0 950,116 6,826 UE183 METER REPLACEMENT 2018 1,000,000 0 1,000,000 947,843 52,157 0 41,958 10,199 Total 61900 ELECT FUND CAPITAL 15,271,787 524 8,148,428 7,122,837 Total 61 ELECTRIC FUND 15,271,787 524 8,148,428 7,122,837 UW171 WATER LINE TO ELDORADO VALLEY 2017 2,400,000 0 2,400,000 2,002,145 397,855 0 69,614 328,241 W2006 Copper Service Replacement 2020 1,063,300 600,000 1,663,300 838,445 824,855 0 194,905 629,950 W2008 Eldorado Valley Line PRV Desig 2020 250,000 0 250,000 0 250,000 0 0 250,000 W2009 ACCESS AND SECURITY IMPROV RES 2020 50,000 0 50,000 0 50,000 0 0 50,000 W2101 Rebuild Pressure Reducing Valve 2021 100,000 0 100,000 96,030 3,970 0 0 3,970 W2102 Install PRV on "A" Line to National Par 2021 250,000 0 250,000 0 250,000 0 0 250,000 W2103 Reservoir Improvements 2021 80,000 559,600 639,600 0 639,600 0 0 639,600 W2104 Replace 8" Butterfly Valves 2021 80,000 200,000 280,000 12,479 267,521 0 0 267,521 W2201 Water Meter Replacements 2022 0 75,000 75,000 0 75,000 0 0 75,000 Total 62900 WF CAPITAL PROJECTS 2,758,801 0 264,519 2,494,282 Total 62 WATER FUND 2,758,801 0 264,519 2,494,282 S1901 SANITARY SEWER REHABILITATION 2019 100,000 0 100,000 46,070 53,930 0 0 53,930 S2004 WWTP Headworks Upgrade 2020 400,000 0 400,000 17,960 382,040 0 40 382,000 S2101 Evaluate Hemenway Valley Sewer 2021 100,000 0 100,000 81,587 18,413 0 8,413 10,000 S2102 Sewage Lift Station Mobile Eme 2021 120,000 0 120,000 109,016 10,984 0 39 10,945 S2103 Rehabilitate Sanitary Sewer Ma 2021 120,000 750,000 870,000 5,440 864,560 0 0 864,560 S2201 Lift Station No 1 Improvements 2022 0 100,000 100,000 0 100,000 0 0 100,000 S2202 Chlorine Contact Chamber 2022 0 100,000 100,000 0 100,000 0 0 100,000 S2203 Concrete Line Aeration Basins 2022 0 200,000 200,000 0 200,000 0 0 200,000 Total 63900 WWATER FUND CAPITAL 1,729,927 0 8,492 1,721,435 Total 63 WASTEWATER FUND 1,729,927 0 8,492 1,721,435 UL151 LANDFILL EXPANSION 2016 562,000 0 562,000 365,999 196,000 0 96,752 99,248 UL201 Landfill Expansion Phasing Pla 2020 60,000 0 60,000 0 60,000 0 0 60,000 UL202 Perimeter Fencing/Road Design 2020 460,000 0 460,000 16,335 443,665 0 0 431,037 Total 64900 LANDFILL FUND CAPITAL 699,665 0 96,752 590,285 Total 64 LANDFILL FUND 699,665 0 96,752 590,285 Revenue Total 0 0 0 0 Expense Total 20,477,657 524 8,518,190 11,946,316 Grand Total 20,477,657 524 8,518,190 11,946,316 Prepared By CIP Coordinator 8/09/2021 31417