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From Information Packet for June 5, 2012 Storey County Commissioners Meeting
Minutes of May 21 meeting pertaining to Taormina Settlement Agreement
At 2:06 pm the Chair called the meeting to order.
DISCUSSION/POSSIBLE ACTION: Possible approval of settlement agreement between Thomas & Midge Taormina and Storey County regarding their application and determination of Special Use Permit 2011-010 for purposes of allowing, constructing and/ or limiting multiple amateur radio antenna support structures with heights in excess of 45 feet on their property located at 370 Panamint Road, Highland Ranches, Storey County, Nevada. Possible action may also provide for allowing, constructing and/or limiting similar support structures of 45 feet or less and may alter the earlier Board of Commissioners determination made on June 7, 2011.
Brent Kolvet addressed the Board. He is the attorney that was obtained by Nevada Public Agency Insurance Pool to represent Storey County in the lawsuit brought forth by Mr. and Mrs. Taormina. The case is filed in Federal Court and is currently pending there. As a result of the case a settlement conference was held. After seven hours of negotiations a tentative agreement was reached, under that agreement it calls for the Board to reconsider the Special Use Permit submitted by Mr. Taormina. In addition there is a list of 18 conditions that were agreed to during negations. Mr. Kolvet's recommendation is to approve the Special Use Permit as outlined in the 18 conditions be approved. Should the Board approve the Special Use Permit the lawsuit will be dismissed with prejudice and each party will bare their own legal costs.
The Chair called for Public Comment:
Jed Margolin, a VC Highlands resident, addressed the Board in opposition to approval of the Special Use Permit. He stated that approving this item would violate the Open Meeting Law. Mr. Margolin cited the specific NRS and explained his grounds for the violation. He added that should the Board insist on approving the Taormina settlement he will file a complaint with the Attorney General's Office. He asked that they also put a stop to any work on the towers until the Attorney General can complete the review of his complaint. In addition he requested that the item can be continued until a future meeting with several conditions.
Kathleen Stormo, a VC Highlands resident, addressed the Board in opposition to the approval of the Special Use Permit. Ms. Stormo read a prepared statement into the record. (A copy is available in the Clerk's Office.)
Buddy Morton, a VC highlands resident, addressed the Board in opposition to the approval of the Special Use Permit. Mr. Morton read a prepared statement into the record. (A copy is available in the Clerk's Office.)
Cynthia Kennedy, a VC Highlands resident, addressed the Board in opposition to the approval of the Special Use Permit. Ms. Kennedy proposed several questions to the Board. She addressed the original error made by the Building Department, the terms of the agreement and the basis for the Board's original decision. It appears that in Storey County you can build whatever you want and sue to keep it.
Gary Schmidt commented on the issues raised regarding the Open Meeting Law. He asked that the claims for confidentiality be placed on the record.
Brent Kolvet addressed the issues brought forth by Mr. Margolin and Mr. Schmidt. He stated that there is no document that is being withheld; the only document is Staff Summary that is included in the Board Packet. The 18 conditions that' are listed in the Staff Summary are the settlement. He explained that if the Special Use Permit is approved the lawsuit goes away if the permit is denied'th6 lawsuit will move on.
Chairman Kershaw addressed the meeting from last year. He believes that the reason that the decision to remove the towers at that time was a result of the input they had at that meeting from the public.
District Attorney Maddox stated that there is no meeting violation. The only document that there is at this time is the Staff Summary. He listed the individuals that were present at the negotiation hearing. The presiding Judge was Valerie Cook.
Mr. Whitten assured Mr. Morton that he will address the issue of the tower being taxed, in addition to the other items he listed.
Vice-Chairman Hess stated that he is still not happy about the towers. He felt that the law was violated and he made his motion to remove the towers last year because he believed that was the Board's chance to put a stop to it.
Ms. Kennedy stated that she noticed in the summary there was a bit of verbiage devoted to his addressing his participation in an emergency situation. She added that the point is moot and should have not been included. The County knows that his equipment is not needed and he doesn't participate in emergency situations. Mr. Whitten explained that it was included to provide the County with the power to hold it against him in the future. It would allow the County to get something out of it at the very least.
Ms. Stormo asked the Board if they were going to address the request for extended time. She stated that we, the citizens, have not been represented by attorneys, would like to have the opportunity to prepare a legal approach to this issue.
District Attorney Maddox stated that he should have stopped the Commission when they made the original decision and had them list their findings. One of the changes made as a result of that is a complete staff summary, with findings for and against. He further explained that he couldn't represent the County in this issue due to the insurance in place. The insurance company picks the lawyer that defends the suit.
Ms. Stormo continued to address her concerns regarding a continuance of the item and the cooperation she is seeking.
Further discussion was held between members of the audience, Brent Kolvet and District Attorney-
Maddox regarding the settlement agreement and the conditions listed.
At 2:42 pm the Chair called for a recess.
At 3:01pm the Chair called the meeting to order.
Vice-Chairman Hess stated that after further discussion with Counsel and running into numerous road blocks it is the best interest of the County to approve the Special Use Permit.
Commissioner Sjovangen added that this item has been going on far too long. He stated that he made a motion in the past to limit the amount and height of the towers. Commissioner Sjovangen encourages the Homeowners to take this issue to task and use whatever means they have.
Motion: Approve the Special Use Permit, Action: Approve Moved by Vice-Chairman Hess Seconded by Commissioner Sjovangen.
Chairman Kershaw stated that he agrees with both Commissioners. Vote: Motion carried by unanimous vote (summary: Yes=3)
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Continuation of agenda item: DISCUSSION/POSSIBLE ACTION: Final, Budget Hearings for FYE 2012/2013.
Motion: Approve Final Budget Hearing for FYE 2012/2013, Action: Approve Moved by Vice-Chairman Hess Seconded by Commissioner Sjovangen.
Vote: Motion carried by unanimous vote (summary: Yes-3)
District Attorney Maddox asked that Vice-Chairman Hess redo his motion for the Special Use Permit to read as presented in the staff summary.
Motion: Based on findings and compliance with all conditions and stipulations imposed in accordance with the Settlement Agreement between the SUP Applicant and Storey County approve SUP Application No. 2011-010 and all conditions of the SUP- listed in Section IV of this summary report, Action: Approve Moved by Vice-Chairman Hess Seconded by Commissioner Sjovangen.
Vote: Motion carried by unanimous vote (summary: Yes=3)
RECESS TO CONVENE AS THE NRS 473 STOREY COUNTY FIRE PROTECTION DISTRICT BOARD
Motion: Recess to convene as the NRS 473 Storey County Fire Protection District Board, Action: Approve Moved by Commissioner Sjovangen Seconded by Vice-Chairman Hess.