City Council

CITY OF ELY 501 Mill Street Ely, Nevada 89301 City Hall (775) 289-2430 Cityofelynv.gov ELY CITY COUNCIL REGULAR MEETING August 14, 2025, 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: Per City Council action October 27, 2022, and in accordance with Nevada Revised Statutes 241.020, public comment at the beginning of city council meetings is narrowed to agenda items only. The public comment period at the close of city council meetings is for any matter relevant to or within the authority of the Public Body. 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 CC8-14-2025 The City of Ely is an equal opportunity provider and employer. 1 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”. 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  Liens  Lien Releases  New Business  CITY TREASURER  HR DIRECTOR  CITY PUBLIC WORKS DIRECTOR  Animal Control  Landfill  Parks/Cemetery  Streets  Water/Sewer  CITY WATER OPERATOR  CITY ENGINEER  CITY BUILDING OFFICIAL  Permits-Inspections 5. NNRY FOUNDATION REPORT 6. REPORTS CITY COUNCIL MAYOR 7. GEORGETOWN RANCH QUARTERLY REPORT 8. THE MAYOR WILL RECESS THE REGULAR CITY COUNCIL MEETING FOR A PUBLIC HEARING AT 5:30 P.M. ON THE FOLLOWING TOPICS. 1. Council Members – City Fire Chief Stork – Public Hearing - Discussion Only – Approval of Resolution 2025-06, a resolution amending the Emergency Medical Service (EMS) billing rate schedule, pursuant to City Code 1-11-10. 2. Councilwoman Van Camp – Public Hearing – Discussion Only – Approval of Second Reading of Ordinance 763, Bill No. 2025-03, An Ordinance amending Title 5, Police Regulations, Chapter 1, General Offenses, Section 16(G)(1), under Prostitution, of the City of Ely Municipal Code, to designate the area in which such activity is permitted as CC8-14-2025 The City of Ely is an equal opportunity provider and employer. 2  the following: on High Street from an eastern boundary of Second Street to a western boundary that is 550 feet west of Second Street. 3. Mayor Robertson – Public Hearing – Discussion Only – Approval of Second Reading of Ordinance 764, Bill No. 2025-04, An Ordinance amending Title 1, Administration, Chapter 6, City Officers and Employees, Section 6, Requirement to Be a Resident of White Pine County, Part 1, Purpose, and Part 2 Requirement, to bring the Ely Municipal Code into alignment with Nevada Revised Statutes 266.400 by exempting the City Attorney from the requirement that City employees reside in White Pine County. 9. DISCUSSION/POSSIBLE ACTION ITEMS PERTAINING TO THE PUBLIC HEARING. 1. Council Members – City Fire Chief Stork – Discussion/For Possible Action - Approval of Resolution 2025-06, a resolution amending the Emergency Medical Service (EMS) billing rate schedule, pursuant to City Code 1-11-10. 2. Councilwoman Van Camp – Discussion/For Possible Action – Approval of Second Reading of Ordinance 763, Bill No. 2025-03, An Ordinance amending Title 5, Police Regulations, Chapter 1, General Offenses, Section 16(G)(1), under Prostitution, of the City of Ely Municipal Code, to designate the area in which such activity is permitted as the following: on High Street from an eastern boundary of Second Street to a western boundary that is 550 feet west of Second Street. 3. Mayor Robertson – Discussion/For Possible Action – Approval of Second Reading of Ordinance 764, Bill No. 2025-04, An Ordinance amending Title 1, Administration, Chapter 6, City Officers and Employees, Section 6, Requirement to Be a Resident of White Pine County, Part 1, Purpose, and Part 2 Requirement, to bring the Ely Municipal Code into alignment with Nevada Revised Statutes 266.400 by exempting the City Attorney from the requirement that City employees reside in White Pine County. 10. ITEMS FOR DISCUSSION/POSSIBLE ACTION OF THE ELY CITY COUNCIL AS RECOMMENDED BY THE MUNICIPAL UTILITIES BOARD. 1. Board Members – City Engineer Almberg - Discussion/For Possible Action – Award of bid for construction of Morley Avenue Sewer Upgrade Project CDBG Funded Project 24/PF/01 PWP# WP-2025-206. 2. Board Members – City Engineer Almberg – Discussion/For Possible Action – Approval of Agreement for Reimbursement of Construction Engineering Costs between the State of Nevada acting by and through its Department of Transportation and the City of Ely. 3. Councilwoman Van Camp – City Treasurer Trask – Discussion/For Possible Action – Approval of Resolution 2025-07, A resolution establishing a Landfill Capital Improvement Fee. CC8-14-2025 The City of Ely is an equal opportunity provider and employer. 3  4. Councilwoman Van Camp – City Clerk Lee – Discussion/For Possible Action – Approval of Resolution 2025-08, A resolution requiring annual utility rate reviews. 5. Board Members – City Clerk Lee – Discussion/For Possible Action – Approval to remove past due utility fee penalties up to the amount of $1,134.20 from 450 Ogden Avenue, Ely, Nevada at the request of Property Owner, Jeremy Lilly. 6. Board Members – City Clerk Lee – Discussion/For Possible Action – Approval to remove past due utility fee penalties up to the amount of $6,630.00 from 3733 North Hwy 93, Ely, Nevada at the request of Property Owner, Douglas Lilly. 7. Board Members – City Clerk Lee – Discussion/For Possible Action – Approval to remove past due utility fee penalties up to the amount of $5,316.91 from 37 Fourth Street, McGill, Nevada at the request of Property Owner, Kelly Gubbine. 11. 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 11A-1 Minutes and 11A-2 Bills. Moved by: ________________ Second by: _______________ Vote: _________________ 1. Discussion/For Possible Action – Minutes. • July 10, 2025 • July 24, 2025 2. Discussion/For Possible Action – Bills. • July 23, 2025 • August 4, 2025 B. NEW BUSINESS 1. Mayor Robertson – City Clerk Lee – Discussion/For Possible Action – Approval to waive landfill construction waste disposal fees and contribute up to $50,000, to be expended from Capital Improvements, for the completion of the Steptoe Valley Trap Skeet (SVTS) Hunter Education Building in order to meet the match requirements of a Nevada Department of Wildlife (NDOW) 2025 Shooting Range Grant; SVTS will be providing cash, equipment donations, materials, and volunteer labor towards the match. 2. Mayor Robertson - Human Resource Director Ramirez - Discussion/For Possible Action - Approval of procedure to evaluate the performance of appointed officials. CC8-14-2025 The City of Ely is an equal opportunity provider and employer. 4  3. Mayor Robertson – City Clerk Lee – Discussion/For Possible Action – Approval of First Reading of Ordinance No. 765, Bill No. 2025-05, An Ordinance amending Ely Municipal Code Title 2, Boards and Commissions, by adding Chapter 6, to create a City of Ely Historic Preservation Commission. 4. Councilwoman Van Camp – Discussion/For Possible Action – Approval for the City of Ely to issue a business loan from the Revolving Loan Fund in an amount up to $100,000.00 for Ojii-san Garage LLC, an automotive parts and accessories retailer providing automotive services, with a specified term and interest rate. 5. Councilwoman Van Camp - Discussion/For Possible Action - Direction to City Chief of Police and City Engineer to review and make recommendations regarding installing flashing "Deer Crossing" and "No Heavy Truck Traffic" signs on Murry Street and flashing "Deer Crossing" signs on Campton Street, per Ely Municipal Code (EMC) 6-3- 2(A). 6. Councilman Perea - Discussion/For Possible Action – - Approval to extend the Agreement for Consulting Services between Basin Engineering Corporation and the City of Ely through June 30, 2027. 7. Councilman Perea - Discussion/For Possible Action - Approval to release a Request for Qualifications (RFQ) for Civil Engineering Services in 2027 for a contract to commence July 1, 2027. 8. Councilman Perea - Discussion/For Possible Action - Approval to release a Request for Qualifications (RFQ) for Surveying Services in 2027 for a contract to commence July 1, 2027. 9. Councilwoman Williams-Harper - Discussion/For Possible Action - Approval of Wireline Crossing Agreement, effective as of August 14, 2025, by and among Nevada Northern Railway Foundation, Inc., the City of Ely, Nevada, Great Basin Transmission, LLC, and GBT Northbound, LLC (the “Agreement”), which provides for the granting of multiple easements and associated licenses to Great Basin Transmission, LLC, and GBT Northbound, LLC, on certain property on or near the Northern Line of the Nevada Northern Railway located in White Pine County, Nevada, and Elko County, Nevada. 10. Councilwoman Williams-Harper - Discussion/For Possible Action - Approval to a authorize and direct Nathan Robertson, in his capacity as Mayor of the City of Ely, Nevada, to execute the Wireline Crossing Agreement, effective as of August 14, 2025, by and among Nevada Northern Railway Foundation, Inc., the City of Ely, Nevada, Great Basin Transmission, LLC, and GBT Northbound, LLC (the “Agreement”) on behalf of the City of Ely, Nevada, and to execute all associated Easements pursuant to the Agreement on behalf of the City of Ely, Nevada. 11. Councilwoman Williams-Harper – Discussion/For Possible Action - Approval of Easement Agreement by and among Nevada Northern Railway Foundation, Inc., the City CC8-14-2025 The City of Ely is an equal opportunity provider and employer. 5  of Ely, Nevada and Bell Atlantic Mobile Systems LLC d/b/a Verizon Wireless (the “Agreement”), which provides for the granting of an easement to Bell Atlantic Mobile Systems LLC d/b/a Verizon Wireless, on certain property on or near the Northern Line of the Nevada Northern Railway located in Elko County, Nevada. 12. Mayor Robertson – Discussion/For Possible Action – Approval to place income received from Wireline Crossing – Easement agreements and 45G Tax Credits into the Capital Improvements Fund, earmarking said income for the renovation of City Hall. 13. Council Members – City Building Official Hendrickson – Discussion/For Possible Action - Approval to establish a portion of APN 001-49-113 for a City vehicle impound lot. 14. Council Members - City Attorney Arabia - Discussion/For Possible Action - Approval to grant the releases set forth in Exhibit K Subdivision Participation and Release Form for the Alvogen Settlement Opioid Litigation Settlement Estimated Allocation in the amount of $8.51 to the City of Ely. 15. Council Members - City Attorney Arabia - Discussion/For Possible Action - Approval to grant the releases set forth in Exhibit K Subdivision Participation and Release Form for the Sun Settlement Opioid Litigation Settlement Estimated Allocation in the amount of $14.11 to the City of Ely. 16. Council Members - City Attorney Arabia - Discussion/For Possible Action - Approval to grant the releases set forth in Exhibit K Subdivision Participation and Release Form for the Apotex Settlement Opioid Litigation Settlement Estimated Allocation in the amount of $29.00 to the City of Ely. 17. Council Members - City Attorney Arabia - Discussion/For Possible Action - Approval to grant the releases set forth in Exhibit K Subdivision Participation and Release Form for the Indivior Settlement Opioid Litigation Settlement Estimated Allocation in the amount of $33.26 to the City of Ely. 18. Council Members - City Attorney Arabia - Discussion/For Possible Action - Approval to grant the releases set forth in Exhibit K Subdivision Participation and Release Form for the Amneal Settlement Opioid Litigation Settlement Estimated Allocation in the amount of $56.94 to the City of Ely. 19. Council Members - City Attorney Arabia - Discussion/For Possible Action - Approval to grant the releases set forth in Exhibit K Subdivision Participation and Release Form for the Mylan Settlement Opioid Litigation Settlement Estimated Allocation in the amount of $134.59 to the City of Ely. 20. Council Members - City Attorney Arabia - Discussion/For Possible Action - Approval to grant the releases set forth in Exhibit K Subdivision Participation and Release Form for the Hikma Settlement Opioid Litigation Settlement Estimated Allocation in the amount of $48.26 to the City of Ely. CC8-14-2025 The City of Ely is an equal opportunity provider and employer. 6  21. Council Members - City Attorney Arabia - Discussion/For Possible Action - Approval to grant the releases set forth in Exhibit K Subdivision Participation and Release Form for the Zydus Settlement Opioid Litigation Settlement Estimated Allocation in the amount of $6.77 to the City of Ely. 12. 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”. 13. 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 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 https://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 August 08, 2025, by 5:00 p.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, United States Post 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. _____________________________ CC8-14-2025 The City of Ely is an equal opportunity provider and employer. 7