City Council

CITY OF ELY 501 Mill Street Ely, Nevada 89301 City Hall (775) 289-2430 Cityofelynv.gov ELY CITY COUNCIL REGULAR MEETING October 27, 2022, 5:00 p.m. – Ely Volunteer Fire Hall – 499 Mill Street – Ely, Nevada The Ely City Council meeting can also be accessed via video conference/teleconference. Please call City Hall or email CityClerk@cityofelynv.gov if you have questions regarding accessing the meeting. Link: https://zoom.us/j/9771306332 Meeting ID: 977 130 6332 Please Note: If you log on and experience difficulty hearing the meeting, please also call the toll-free numbers. Dial by your location: +877-853-5247 US Toll-free +888-788-0099 US Toll-free THE COUNCIL MEMBERS MAY ADDRESS AGENDA ITEMS OUT OF SEQUENCE, COMBINE TWO OR MORE AGENDA ITEMS FOR CONSIDERATION, REMOVE AN ITEM OR DELAY DISCUSSION AT ANY TIME TO ACCOMMODATE PERSONS APPEARING BEFORE THE COUNCIL OR TO AID IN THE EFFICIENCY AND EFFECTIVENESS OF THE MEETINGS. 1. OPENING ACTIVITIES: MEETING CALLED TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL 2. PUBLIC COMMENT: Comments not exceeding three (3) minutes in length will be accepted from the general public in attendance. If any are made, there may be discussion upon those comments. No vote, decision, or action may be taken upon matters raised under this item until it is formally placed on the agenda. Comments during Discussion Items will not be accepted from the General public. “Section 7.05 of the Nevada Open Meeting Law Manual indicates that the Public Body may prohibit comment if the content of the comments is a topic that is not relevant to or within the authority of the Public Body or if the content of the comments is willfully disruptive of the meeting by being irrelevant, repetitious, slanderous, offensive, inflammatory, irrational or amounting to personal attacks or interfering with the rights of other speakers”. 1 The City of Ely is an equal opportunity provider and employer. 3. Mayor – Discussion/For Possible Action – Approval of Agenda, including removal of agenda items. 4. CITY DEPARTMENT REPORTS  FIRE CHIEF  POLICE CHIEF  MUNICIPAL COURT JUDGE  CITY ATTORNEY  CITY CLERK  CITY TREASURER  CITY PUBLIC WORKS SUPERVISOR  CITY WATER OPERATOR  CITY ENGINEER  CITY BUILDING OFFICIAL 5. REPORTS CITY COUNCIL MAYOR 6. ITEMS FOR DISCUSSION/POSSIBLE ACTION ONLY OF THE ELY CITY COUNCIL. A. CONSENT AGENDA (These items may be approved in one motion by the Council as its first action of business under For Discussion/Possible Action items.) Approval of the Consent Agenda approves each of these items. Council Members may remove any item from the Consent Agenda by notifying the Mayor or Mayor pro temp. MOTION: Move to approve the Consent Agenda item 6A-1 Minutes and 6A-2 Bills. Moved by: ________________ Second by: _______________ Vote: _________________ 1. Discussion/For Possible Action – Minutes • September 8, 2022 • October 7, 2022 2. Discussion/For Possible Action – Bills. • October 19, 2022 B. NEW BUSINESS 1. Mayor Robertson – Discussion/For Possible Action – Evaluation of Judge Michael Coster including, but not limited to consideration of character, alleged misconduct, professional competence, or physical or mental health. Possible action includes, but is not limited to, increase in pay or “no action.” 2. Mayor Robertson – Discussion/For Possible Action – Retroactive approval of Letter of Partnership to the Nevada Division of Tourism for White Pine County Tourism and Recreation’s Destination Development grant application. 2 The City of Ely is an equal opportunity provider and employer.  3. Mayor Robertson – Discussion/For Possible Action – Approval to narrow public comment to agenda items only at the beginning of city council meetings and designate the comment period at the close of the meetings for the public to comment on any matter relevant to or within the authority of the Public Body, all in accordance with NRS 241.020. 4. Councilman Spear - Discussion/For Possible Action - Approval to increase the percentage of Transient Lodging Tax collected by the City from 2.5% to 5% for the Capital Improvement Fund, effective January 1, 2023, with a subsequent increase of 1% for the General Fund, effective July 1, 2023. 5. Councilman Spear – Councilman Alworth – Discussion Only – Update on Porter Group efforts on the City of Ely’s behalf to secure federal and State funding. 6. Councilman Alworth – Discussion/For Possible Action – Approval to apply with the Nevada Northern Railway Foundation as a co-applicant for a Federal Railroad Administration Consolidated Rail Infrastructure and Safety Improvements (CRISI) grant for improvements to the HiLine track and three US 93 crossings between Ely and McGill; Nevada Northern Railway Foundation will cover the required twenty percent (20%) match and administer the grant, with no direct cost to the City of Ely. 7. Councilman Alworth – Discussion/For Possible Action – Approval to engage the law firm of Thompson Hine for legal services regarding federal railroad law in connection with Great Basin Transmission’s easement request to protect the interests of the Nevada Northern Railway Foundation and the City of Ely and to pay fifty percent (50%) of legal fees connected thereto up to $14,400. 8. Councilman Alworth – Discussion/For Possible Action – Approval of Thompson Hine Conflict Consent/Waiver. 9. Council Members – City Attorney Cahoon – Discussion/For Possible Action – Approval of the Settlement Agreement between the City of Ely and Ely Disposal Service, Inc., for the Seventh Judicial District Court Case No. CV-1808095. 7. PUBLIC COMMENT: Comments not exceeding three (3) minutes in length will be accepted from the general public in attendance. If any are made, there may be discussion upon those comments. No vote, decision, or action may be taken upon matters raised under this item until it is formally placed on the agenda. “Section 7.05, of the Nevada Open Meeting Law Manual indicates that the Public Body may prohibit comment if the content of the comments is a topic that is not relevant to or within the authority of the Public Body or if the content of the comments is willfully disruptive of the meeting by being irrelevant, repetitious, slanderous, offensive, inflammatory, irrational or amounting to personal attacks or interfering with the rights of other speakers”. 8. ADJOURNMENT: THE MEETING MAY BE ADJOURNED BY APPROPRIATE MOTION OF THE CITY COUNCIL. * Open session – Action/Discussion – Personnel** The meeting may be closed by appropriate motion for the purpose of discussion on any matter allowed under N.R.S. 241.031 and 241.033, (1) nothing contained in this chapter 3 The City of Ely is an equal opportunity provider and employer. prevents a public body from holding a closed meeting to consider the character, alleged misconduct, professional competence or physical or mental health of a person/employee. (2) A public body may close a meeting upon a motion, which specifies the nature of the business to be considered. (3) This chapter does not: (a) Apply to judicial proceedings. (b) Prevent the removal of any person who willfully disrupts a meeting to the extent that its orderly conduct is made impractical. (c) Prevent the exclusion of witnesses from a public or private meeting during the examination of another witness. (d) Require that any meeting be closed to the public. (e) Permit a closed meeting for the discussion of the appointment of any person to public office or as a member of a public body. (4) The exception provided by this section, and electronic communication, must not be used to circumvent the spirit or letter of this chapter in order to discuss or act upon a matter over which the public body has supervision, control, jurisdiction or advisory powers. In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaintfilingcust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; Fax: (202) 690-7442; or Email: program.intake@usda.gov . For access to the public packet, contact the City Clerk at 501 Mill Street, Ely, Nevada 89301 or call (775) 289-2430; all packet material is posted in the agenda’s hyperlinks or under “Additional Documentation” on the City’s website at https://www.cityofelynv.gov/ I, Jennifer Lee, City Clerk, did cause to be posted on October 24, 2022, by 9:00 a.m. four (4) notices of the Ely City Council agenda in said City of Ely to wit: Posted at the doors or bulletin boards of City Hall located at 501 Mill Street, White Pine County Library located at 950 Campton Street, White Pine County Courthouse located at 801 Clark Street and the U.S. Post Office located at 2600 Bristlecone Avenue. The meeting notice is also posted on the City of Ely’s website at https://www.cityofelynv.gov/ and the State of Nevada Public Notices website at https://notice.nv.gov. _________________________________ 4 The City of Ely is an equal opportunity provider and employer.