Philosopher Camus wrote “Always go too far, because that’s where you will find the truth. “
Ely City Council Meeting
May 10, 2018
Public Comment
Ken Kliewer commented on the casket that had been dug up from the cemetery and removed. No one seems to know how this happened or when it happened. He feels that the cemetery is the Public’s place and it should be protected. The Sexton is responsible for what happens at the cemetery and there should be some people that are watching what is happening. We should have the gates to the cemetery locked at night.
( There is not much of a wall around the cemetery, anyone can come in at any time. To put a efficient wall around the cemetery would be a huge expense.)
Kay McMurry Read letters from citizens concerned about the Animal Control facility and the proposed Animal Control Advisory Board.
Pat Robison spoke about the Animal Control Advisory Board and the different functions that they could provide.
Another citizen commented on the route the Prison Bus takes through Ely. He felt it could consider a better route than going through neighborhoods.
Fire Chief Rivera
Fire Department Call Report April 19th through May 3, 2018
10- Medical Transports – Non Transports
1- Jail Check Welfare Check
1 – Public Assist
1 – Propane Leak
1 – Structure Fire
16 Total Calls
Animal Control
April 2018
Ely 25 Calls County 9 Calls
Impounded
Cats – 9 Cats – 1
Dogs – 13 Dogs – 3
Fees
$285.00 $220.00
The animal control call these odd events but I called them an adventure. Two kittens were born in the facility, 1 Hawk in pounded for NDOW overnight, three pigs at Large, 6 dog sent to a shelter, 3 dogs fostered.
New Business
R.I.P. Pest Control
Let’s Print
Reed Landscaping
ETC Netcom, Inc
Liens –
There were two pages of liens for the City Council report and there was one half page of liens that have been released.
( I hope you’re not on the first two pages)
Building Permits
Fees – $4,810.03
Plan Review
Fees $1,226.87
Public Hearings
Discussion Only- Approval of Second Reading of Ordinance 712, Bill No. 2018 – 05, and ordinance creating an Animal Control Advisory Board, City Code Title 2, Chapter 4, setting membership requirements, terms of office, appointed procedures and authority of a newly-created Advisory Board, establishing procedures for conducting of business and establishing meeting dates.
Action –
5/0 Approved Second Reading
Discussion Only – Approval of Second Reading of 0rdinance 713, Bill No. 2018 – 06, an ordinance amending City Code Title 5, Chapter 3B, Section 5 License Required changing dog licenses to be effective for a period of the rabies vaccination and eliminating an annual dog license and requiring that all dogs be licensed until their rabies vaccinations become due, approximately 3 years.
George- This ordinance is not clear, are you charging a 3-year license at one time or is there no license for 3 years. The licenses should stay for one year, what if your dog passes away in that period of time are you going to refund?
Pat Robison “I always pay for 2 years, but there are people on set incomes who may not be able to pay for three years at one time.”
Odgers “Just like your driver’s license, you would know the date that your dog license is to be renewed.”
Flangas “If you move before the three years up do you get a refund?”
Odgers “No.”
Action –
5/0 Approved Second Reading- including the statement that it is not refundable ($30. For 3 years)
Discussion/For Possible Action- Award bid for the construction of the City of Ely Landfill HDPE Lined Pond.
There were 4 bids and recommend we awarded to the low bid. Low bid was Sahara at $21,538.
5/0 Approved
Discussion/For Possible Action – Approval of Resolution 2018 – 01, a resolution designating funds received for closure and post closure expenses of the Ely Landfill to be placed in a restricted account for used only for closure and post closure requirements as identified in Nevada Revised Statute Chapter 444 and Nevada Administrative Code 444 and designating signatory authority for the restricted account and establishing use of the funds in the restricted account.
Switzer “This resolution requires us to put together that trust fund. And the funds will be restricted”
5/0 Approved 
Discussion/For Possible Action – Approval to write off $913.01 from 1031 Avenue I’s account and $913.02 from 1035 Avenue I’s account, these properties were originally one property held by First National Mortgage, against which the lien was filed on March 24th, 2015.
Odgers “This a fairly convoluted matter. The two properties were considered one property, the properties were sold and divided into two properties, and this lien did not come up on title search at the time of the purchase.”
The new owner of one of the pieces of property, which was purchased in 2017. Received a bill in the mail for the lien. He had no idea there was a lien on his property and the bill was quite shocking. It didn’t come in my name but to First Nationwide Mortgage, but to my address.
The lien on the property was because of an unpaid landfill fee. The title search did not come up with this lien. Should the second owner after the lien was put on the property have to pay this fee? It was suggested that the title company should be responsible for the lien.
Odgers “This is a problem systemic in this community. Prior to 2016 the amount had to be $1,000 before we put a lien on anything. Besides that title search should come down and find those liens.”
The question was asked if the landowner could sue the title company. The owner replied that would be a great cost to me. What I’m saying is do two wrongs make a right? I do not know if the City did something wrong or the title company.
Switzer “I’m confused here, where did the City go wrong? What haven’t we done that is outside our own ordinances?”
( Finding this old lien is part of the City going through old records and clearing passed debts. The problem is they do not know if the records were available to the title search or if the title search just didn’t find them. All of these things should be easy to find. At this point they cannot go back to the mortgage company to collect this.)
5/0 Approval to remove lien
Discussion/For Possible Action – Write off account balance transferred from Housing and Urban Development, account number 2. 9341. 1, principal balance owed of $702, penalties and interest owed of $673.53 for a total of $1,375.53 for 24 Hill Street, Ruth, Nevada. Current owners are Cody and Tovie Wilcox.
This property was bought in 2017 call. The owner knew there 2 was past due landfill fee, went in and was told and amount which she paid. She has kept her landfill paid up. The title search did find the past due bill, but the interest and penalties were not available. This is a case where the City did not notify.
Switzer “The City was asked in 2011 to take over billing the landfill fees for the County. The problem with that, the City really has no leverage over the people living in the County. “
DeFelice “This bill was not paid for 54 months, why wasn’t something done before now? If the law says we can’t put a lien on, then we should change the law.”
Switzer “Remember our ability to go legally was hampered by the fact that had previously City Council passed an ordinance that stated we cannot collect until the balance was at least $1,000. This meant that you could go for years without paying anything and that’s what people did.”
Odgers “I have a stack of liens that I have filed and there is another stack to be filed. There is a procedure to file for these Liens. But we have to stop and think what we are doing. I do sympathize with people who bought property from a landlord owner who had not paid his landfill fees. You can say that the city staff from 1999 to 2005 didn’t do their job, that’s fine, isn’t a reason to write off a debt.”
DeFelice “How is it that people were allowed to sell their properly property and leave someone else with this debt?”
Switzer “I believe that we have over 200 liens filed now. Owing $271,000.”
Odgers “I thought the County was going to help us with these liens.”
Carson “We need to have a frank conversation with the county”
Odgers “One problem is we didn’t know the property had been sold and the new owner had not come in to set up an account. We have set up several new accounts since the liens have been going out. We have a choice of just wriding off all of this money or have everyone come in before the Council individually.”
Switzer “We are talking with Stewart Title , because there are many sales coming up, we check and review each sale as to whether there’s any past-due bills or not. I don’t think this problem will go in the future.”
5/0 Approval
Discussion/ For Possible Action – Approval to write off Leslie Schuh’s account, number 2.5956.1 in the amount of $1,904.08 for Pioche St. Lot 2 Baker, Nevada and Rodney Reipenhoff’s account, number 2.9291.1 in the amount is $2,759.08 For 2216 N 21 W, which are not valid addresses.
Odgers “There is no such address so the bills were never received. In fact the assessor’s office finds that these people have never owned property. We do know that sometimes people who are renters come in and open an account in an address that is really not a proper address. We do know that in the last year the Assessor’s have changed the addresses in the Baker Area. We were not notified of the new addresses.
5/0 Approved
Discussion Only – Review of In House Billing Research.
Switzer “I have been going through past invoices and I have found some items that I am not familiar with such as a bulk mailing out of Las Vegas. The local post office was unable to help me. We mail out approximately 4175 cost of utility bills each month and that includes the county, out of cost of 35.5 cents each at a cost of $1,842.13. We also have to buy the Paper Stock and taking all of this into consideration comes to $0.40 for each utility statement. And if you were to go to the Post Office to mail a postcard today it would cost $0.35. To be real efficient with this bulk Mailing Service we need to purchase software that will communicate with their database with the USPS. Those costs are estimated to be upwards of $5,000. Freedom Mailing Service cost about $10,000 for their software. We would also be required to purchase a bulk mail permit which would cost $225. And an annual fee of $225. Then we have to look at a new printer.
Discussion/For Possible Action – Consideration of an application for a Conditional Special-use Permit. The applicant wishes to use the location for a cannabis cultivation facility. The property address is 16 Shoshone Circle, Ely Nevada.
5/0 Approved
New Business
Discussion/For Possible Action – Approval of Proclamation declaring May 20th through the 26th, 2018 as Emergency Medical Services week in the City of Ely.
5/0 Approved
Discussion/For Possible Action – Approval to destroy the dismantled pieces of the Animal Control carbon monoxide euthanasia box.
DeFelice “We need to destroy the Box, there is no need for us to hang on to it.”
Gardner “There is no need for that. It can’t be used and the problem is over.”
DeFelice “There are people complaining that it has not been destroyed.”
The discussion went on as to whether they can donate it, give it away or sell it. DeFelice felt dispose of the box is the right thing to do. It is legal, that they could destroy.
Discussion/For Possible Action- Approval of the First Reading of Ordinance 714, Bill No. 2018 – 0 7, an ordinance creating Title 6, Chapter 12 entitled Off Road off Highway Vehicles, establishing rules for operating within the incorporated City of Ely, routes authorized for use as ingress and egress from the City of Ely to public and private lands and settings.
High Desert Trail Blazers stated that the large ATVs must have insurance and license and that they should not be lumped in with a smaller ATVs. This ordinance that restricts the large ATVs who have Insurance and licensed and can legally ride on streets. This section also restricts night riding, which our club does engage in. Also the ATVs that are used in hunting would be restricted, because they go out before daylight and come back in after dark. We suggest the council take into account the NRS 490.
Another comment “How would I know what the restricted railroad crossings are?”
Odgers brought out a map and show them how it works in different areas. ATVs are allowed to do more than OTVs. This ordinance only pertains to the City, the County has already approved driving on County Roads.
Chief Henroid “I want to make sure that the main concern here is safety. There are three sets of people, the kids on their dirt bikes, the ones that are not going to care and they will use the routes that they’ve always used, but for the Law Abiding Citizen that just want to go to their motels. Like I said my main concern is safety and I hope we can formulate this plan to achieve that.”
Odgers “The foremost concern we have is the noise level. I’ll tell you we get complaints about this all the time. At the moment we do not have a noise level ordinance, it is legal for anyone to drive up and down any roads making noise. If we limit the our block in the summer time to 5 a.m. to 10 p.m., we may be able to accommodate the people who live on these roads. The Sheriff’s Office are the ones that are going to get the Heat. I’m trying to limit the time frame that the noise will be acceptable.”
It is very difficult to find out who is licensed and who is not. We would like to see each one have a license plate on it. You’re always going to have the ones that disobey the law, no headlights no tail lights and underage.
Odgers “We are working with NDOT, for the roads like 490.
One of our concerns is underage drivers, 5 and 6 year olds that are unsupervised. Another concern I have is the speed. The ATVs will be held to the speed laws on every street and the stop signs.”
5/0 Approved First Reading
REGISTER AND VOTE !
Geri Wop
