Supervisors OK review of laws regarding homeless

While acknowledging the complexity and challenges of homelessness in Carson City, the Board of Supervisors on Thursday directed the District Attorney’s Office to review and potentially augment and revise existing ordinances regarding disorderly conduct, obstructing, sleeping or camping in restricted public spaces.

The discussion and direction followed a June 28 decision by the U.S. Supreme Court that reversed an earlier ruling from the U.S. Court of Appeals for the Ninth Circuit and found that in the case of Grants Pass, Ore., local penalties for people camping on public property do not constitute cruel and unusual punishment.

As directed by supervisors, the DA’s Office will use Grants Pass ordinances as a model against which to compare existing Carson code and make possible additions or adjustments to bring back to the board before any ordinance.

The process could take months, and District Attorney Jason Woodbury explained his office would be cautious and not invite legal challenges.

“I take as implicit within the board’s direction that we should be working with stakeholders, certainly first and foremost the sheriff’s office, health and human services, the city manager, and the parks department, so they don’t get blindsided, and we have input from all of those,” Woodbury said.

Mayor Lori Bagwell noted the sheriff can once again use existing code without violating the previous Ninth Circuit ruling.

“I think that’s an important point,” said Woodbury, “because there’s not necessarily a need or an enforcement issue that exists today that we’re being held back from doing, from making the efforts that have always been made. We’re just trying to make it better.”

Carson City Sheriff Ken Furlong confirmed with the Appeal after the hearing that it’s not CCSO’s intent to arrest everybody sleeping in public spaces. He said officers can use discretion in assessing if a person needs to be moved or arrested.

Police discretion, personal liberties, legal definitions in code and local governing power versus federal judicial rulings all came into discussion.

Supervisor Maurice White pointed out current code prohibits someone from sleeping in a vehicle in a public street in the city between 10 p.m. and 5 a.m. He gave the example of himself on a road trip where he might find a spot to pull over and sleep, and he wondered if someone doing this in Carson would be arrested.

In response, Supervisor Curtis Horton said, “I think our officers in this town do a great job with utilizing good judgment, investigating the situations and determining what actions they should or should not take.”

Clear definitions and clear procedures could help the city navigate enforcement or legal issues related to illegal camping or disorderly conduct, city staff and supervisors reasoned. Carson City Library Director Joy Holt, for example, spoke during public comment and wanted a better way to handle unattended belongings in the library, which, she said, have become a problem.

Another issue raised by Supervisor Stacey Giomi was how to determine where homeless people are coming from, if not locals.

“I’ve heard from several people in the community who have significant concern – and I share their concern, and I always have – that because we are the hub for medical care, that a fair amount of this is happening to us,” he said.

Woodbury said his office would determine legal options for data collection and what recourse the city has for people coming from other counties.

Carson City Health and Human Services Director Nicki Aaker added that homelessness is a regional problem.

“We’ve been talking with some of the social service providers in the other counties, but it also would really help if we got those conversations happening at the higher level, and what can we do regionally,” she said.

According to the latest data from a point-in-time count this year, homeless individuals in the capital city make up a small portion of the state’s homeless population.

The U.S. Department of Housing and Urban Development estimated 8,666 people experienced homelessness in Nevada in 2023 including 4,555 unsheltered individuals. Aaker previously told the Appeal there were 39 unsheltered individuals in Carson this year from the point-in-time count compared to 68 in the same snapshot the year before. For those in emergency shelters or transitional housing (considered sheltered but still homeless), the count was 31 this year versus 62 last year.

Craig LaGier, founder and board president of Night Off The Streets — the nonprofit that provides temporary shelter at Carson churches during the winter months — explained cooperation between community stakeholders works for those in need.

“We have had fantastic success with some of our people. We got 17 out of here in the last two years that have full-time apartments … When we all work together, yes, we can get those who really want to get off the streets.”

In other action:

• Supervisors unanimously approved a bill draft request for the 2025 legislative session. The BDR would amend the Nevada Commission for the Reconstruction of the V&T Railway Act of 1993 to make the state take on staffing duties for the commission, instead of the current use of Carson City, Storey County and Visit Carson City resources.

The bill would create an account in the state general fund, an executive director for the commission and would require the Nevada Attorney General’s Office provide legal services, among other measures

Storey County has been working with Carson on the legislative initiative, according to city staff.

Bagwell, who lauded the significance of the iconic train, said the commission has been through many iterations with different counties participating.

“I think we’re just being honest as Carson City and saying… ‘We can’t be the staff,’” she said.

• Supervisors approved a roughly $2.4 million contract with Rapid Construction Inc. for phase 9A of the Southeast Sewer Conversion Project.

The years-long, multi-phased project was developed to “address rising nitrate levels discovered in the groundwater in the southeast area of Carson City,” according to the city. This phase will serve 32 homes with city sewer including residences on Snyder Avenue, Gentry Lane, Ethel Way and Hudson Drive.

In March 2023, supervisors waived sewer connection fees and related permit and inspection fees for property owners who abandon septic tanks and hook up to city sewer in the area. The incentive period was set at 48 months after property owners receive notices of availability of city sewer. The deadline for connection was also set at 48 months.

The vote was 4-1 with White voting no.

• Supervisors unanimously approved a resolution authorizing the transfer of the city’s 2024 Private Activity Bond Volume Cap to the Nevada Rural Housing Authority (NRHA).

State law allows the city to allocate a share of state money for tax-exempt loans funding industrial and affordable housing projects. The amount this year was around $3.6 million, though it would have reverted to the state if the city hadn’t allocated it.

Katie Coleman, Nevada Rural Housing communications director, said the bond cap is not a line item on the city’s budget “but instead is the opportunity to issue tax-exempt debt for that qualified purpose.”

Coleman said the transfer helps NHRA with home ownership programs.

“The programs have been in effect since 2006,” Coleman said. “766 Carson City homebuyers have been served with our programs since then. That’s $153 million of mortgages, $4.3 million for downpayment assistance… We also offer a tax credit program for those home buyers, and that has equated to about $36 million in tax savings.”

The bond cap has been used for affordable housing projects in the past, according to city staff, and Bagwell stressed it is statutorily limited to certain uses.

For information on NRHA homeowner programs go to nvrural.org/programs/homeownership.

• Supervisors unanimously approved retaining internal auditor Eide Bailly LLP for a total not to exceed $110,000 and to move forward with the fiscal year 2025 Audit Work Program as recommended by the city’s Audit Committee.

The city performs internal audits annually as an oversight function. Items selected for internal audit this round included purchasing and contracts management, payroll processing and the city’s take-home vehicle policy.