Philosopher Camus wrote “Always go too far, because that’s where you will find the truth. “
Ely City Council
July 26, 2018
Public Comment
One citizen commented on the traffic and the possibility of a speed bump being placed. Bob Switzer commented that this will be on the next agenda.
George had many things he commented on including advertising for a new treasurer, business licenses for a home occupation, the S&S rental of the railroad rails, and his request from 3 years ago for public documents.
Departments
Fire Chief – Ross Rivera
Fire department call report July 3rd through July 20th 2018
Medical Transport 21
Non transport 2 ( 3 Canceled in route)
Jail welfare check 5
Motor vehicle VS
pedestrian 1
Fire response 1
Citizen assist 1
Total calls 31
Police Chief
I don’t know what’s going on this year, but we have an excess of speeding cars. I assigned one officer on traffic and he was able to write 21 citations on one shift.
City Administrator
Our letter from the Department of Taxation stated that we had five schedules that we needed to correct, they have been corrected and I included the compliance letter in my report.
Consideration of an application for a variance. The applicants, Lloyd E. and Jean B. Phillips, wish to construct an exterior stairway and landing to the front of the house, as well as a new carport on the West Side; the new construction would not meet current setback requirements. The location is 1298 Ely Street.
5/0 Approved to approve the variance.
Approval of Home occupation permit to Teri Doty conduct a dog training class, located at 1280 Avenue L, Ely.
Odgers “There will be no activity at the house, all activity will be done elsewhere.”
5/0 Approved
Recommendation to post 20 MPH limit sign in residential area of Campton Street, west of White Pine County Courthouse, where 20 MPH zone is reinstated.
5/0 Approved
Recommendation by City Planning Commission to actively recruit business for vacant buildings in the City of Ely.
The Planning Commission would like the City to come up with a plan to bring new businesses in to vacate buildings and have signage to indicate which buildings are available.
Hanson “I thought we had a plan 3 years ago.”
Mayor “Next month we are having a meeting with the commission, and that is supposed to be about the Main Street.”
Hanson “I would like to do with something with about 40 vacant buildings. I think we do need to make a motion, but I’m not sure how to phrase it or what we can actually do.”
Hanson “Would it be advisable to appoint a City Advisory Board to come up with ideas?”
( My feeling is they need to start by talking to the owners of these buildings, I have a feeling the owners are quite satisfied with them sitting there deteriorating. Have the City Building Inspector go through them and see if they can possibly be used for a new business. When these properties look desirable again, start advertising them on social media as well as two independent businesses throughout the country. They may have to offer some type of a 2-year tax reduction. But I do feel this can happen if these properties are attractive to a business.)
Carson “We need to run this by the Chamber of Commerce and see if this is something they would be interested in helping with?”
Flangus “ We can advertise our environment, and the lower level of cost in having a business here rather than in California or any of the big state.”
New Business
Best presentation on November 2018 ballot question 3 in possible positions adopted by the City Council on question 3.
Kevin Robison, General Manager of Mount wheeler Power gave a presentation on proposition 3. The impact of yes vote – a yes vote will affect Article 1 of the Nevada constitution so that the legislators would be required to pass a law by July 1st 2023, that creates an open and competitive retail electric market and that includes Provisions to reduce cost to customers protect against service disconnections and unfair practices, and prohibits the granting of monopolies and exclusive franchises for the generation of electricity.
The bottom line is will Mount Wheeler Power remain the full service electric utilities or just a Wireless company? Will residents and businesses in Mount Wheeler serve territory be paying the higher electric rates to an out-of-state Corporation?
Mount Wheeler customers at the moment are charged about 6.6 cents per kilowatt-hour. California itself is 19.17 cents.
It has been said that the co-op’s like Mount Wheeler would not be part of this action. This is not true. This will pertain to the whole State of Nevada. We are a Cost facility and I can tell you that we are the lowest rate in Nevada. We could be facing as much as a 30% increase in your power supply cost.
Mount Wheeler is asking for a no vote on 3.
5/0 Approval to adopt a no vote by the City Council on Question 3.
Approval for Animal Control Advisory Board to meet the second Wednesday of every month at 5:30 p.m. in City Hall and directions to City attorney to prevent the amendment of ordinance 712, section 2 – 4-9. Meetings to reflect the same, the animal control Advisory Board secretary would not occur over time for taking minutes at these meetings.
Odgers “The members have contacted me with the problems of them being uablen to meet at the designated time.”
5/0 Approved
Consideration to override Mayor’s veto of the City Council July 12th, 2018 action which directed City officials to negotiate with Ely Shoshone Tribe officials regarding terms for a marijuana dispensary compact between the two entities.
DeFelice stated that he would abstain from voting on this. His reason is a possible conflict of interest. His wife is representing one of these client and the decision this Council makes could affect this client. DeFelice left the room for discussion on this agenda item.
Because of the Council’s decision to have a dispensary in Ely, the State opened up an application period and these applications cost $50,000. This occurs a cost for each application for a attorney and accountants. Some of these clients will spend upwards of $100,000 to get the marijuana licenses. People started to apply for these licenses on May 14th.
We had 5 people who applied and in all 22 who inquired. Because the City Council put notice out that we were interested in having a dispensary, five people have applied. The tribe does not have a State license. The tribe does not need the State license to run a dispensary on their own grounds. They are not going to get a State license because they did not apply in the time period designated.
By giving the rights to the tribe to have the dispensary, makes the City libel.
Odgers recommendation is to not put the City in this legal position. I strongly advise that you do not override the veto.
One of the applicants did speak and said that they were glad they were being reconsidering and this business could be bringing people into the area. He did corrected Odgers that it was a $5,000 fee not a $50,000 fee. He did state that the application was 500 pages. He also stated that he did not believe that a monopoly was good for any town.
( It does seem that the City Council did not have all the facts before they voted. I also do not believe in monopolies, free markets work much better.)
The Tribe ask to see the communications between the Mayor and the State that resulted in this veto. They asked the Mayor to retract her veto. The Tribe has also spent a lot of money and felt the two communities could work together.
Odgers stated that he would get a copy to them.
Another applicant stated that they have other dispensaries and they wish they could have been here in Ely a year-and-a-half ago, but they had to follow State law and regulations. He felt that the competition would be profitable for the City and for the community. We also contribute to charities and local groups. Our heart is to give back to the community and I am sure that all of the applicants would do the same. He also stated and showed pictures of one of their buildings and they would like to take one of our empty buildings and make it similar.
There were several statements by other applicants. All claiming to support communities and charities and liking the competition.
Odgers “The maximum that we can receive is 3% taxation Revenue, according to State law. This is for any business. This state is going to rate the five applicants we have from 1 to 5 and then we get to choose which one. The applicant will have up to 18 months to open the business, up till then it will be a provisional license.”
One speaker said that we’ve had enough lawsuits and I do not feel that the City can afford another lawsuit.
Odgers stated that it was the City Council that asked the State to open it up for applicants. Any of these applicants could come back on the City for their expenses in filing these applications.
Gardner brought up the contract they had with the tribe for the Growth Center. Odgers said this disagreement was good and is standing.
Died for no motion
Approval of Abandonment orders granting a portion of Southern Avenue and Belford Avenue to Andre H. Blanchard, pursuit to the City Council January 25, 2018 action.
5/0 Approved
City Fire Chief Rivera – review of current City of Ely personnel policy and possible approval of policy allowing wage range penetration for new career hires based on experience and credentials, to be determined by the hiring Authority.
The City has no policy for bringing in an employee with higher skills and abilities to a new position. This is not only for the fire department but for all new employees coming into the City and can be used as an advertising tool.
Rivera has applicants that have 21 years experience and doesn’t believe we should bring them in as a beginners. This would give Rivera the opportunity to pay more for a person with more experience.
5/0 Approved to start at a higher level. ( the Hiring Authority would consist of the department head, the administrator and the liaison)
Approval of payroll and accounts payable service between the City of the Ely and Hinton Burdock, CPAs and Advisory for monthly fee of $1,700.
This would be for a temporary contract that could be month to month. The City can cancel it at any time. So if we hire somebody in house, we would notify them with a 30 day notice.
4/1 Approved DeFelice -No
Approval to hire William G. Kimmel, Real Estate Appraiser and Consultant, to complete an appraisal of the railroad right away Corridor, owned by the Nevada Northern Railway Foundation and the City of Ely, from McGill to Cobre, Nevada for $3,000.
Removed from the agenda
Approval to recruit for an Account / Utility Clerk position with the emphasis in accounts payable and payroll, including where to advertise the vacancy and whether the position should be full-time.
Postpone for another agenda
If you have questions on any items in an agenda, or would like to make a remark you may call any of the Council members or City staff.
Mayor Van Camp
775-296-1524
Ernie Flangas- 775-289-9053
Kurt Carson- 775-289-3718
Tony DeFelice- 702-686-9282
Jolene Gardner- 775-289-6245
Sam Hanson- 775-289-2638
Ely City Hall- 775-289-2430
Robert Switzer- 775-289-2430
Charles Odgers- 775-289-2430
(item was removed from the agenda and will be on the next agenda).
Geri Wop
