Nevada City Council authorizes attorney to meet with prosecutor

By Ralph Pokorny

Nevada Daily Mail

Tuesday night the Nevada City Council voted 3-0 to authorize Bill McCaffree, city attorney to talk to Vernon County Prosecutor about what was talked about during the Sept. 27, 2006, closed city council session. Bill Edmonds was excused due to illness.

This was the council's first step in responding to a Jan. 29 letter from Lynn Ewing III informing the city that he is considering filing a suit against the city for two alleged Sunshine Law violations. One of which involved polling of council members in June 2006 and the second concerned the termination in October 2006 of the city's contract with Adams & Associates for architectural services on a new terminal building at the Municipal Airport.

Ewing's letter gave until the end of the day on Feb. 27 to respond in writing.

"I asked for additional time to respond," Bill McCaffree, city attorney, said.

"This will allow you to pass this ordinance in the normal way," he noted.

It normally takes two readings of an ordinance by the city council during two meetings at least one week apart to approve a city ordinance. An ordinance can be read twice during one council meeting if four councilmen vote to consider it as an emergency. Currently the council only has four members.

"I can't speak to this issue as long as my hands are tied," McCaffree said.

"We do not know what the group is that brought these issues to the prosecutor. They are guaranteed anonymity unless it can be shown that they did not file this in good faith," McCaffree said in response to a question from councilman Bill Gillette.

"I think it would be hard to get a court to say they did not file this in good faith," he told the council.

"I need to be released from confidentiality requirements so I can go to bat for you," he said.

"I think some of the information discussed in the meeting would be surprising if it were known," he said.

In other business the council:

* Voted 2-1 to accept the low bid from Stockton Ice Company for 2007 ice needs for the golf course, Walton Pool and the public works department. Russ Kemm voted no, recommending that the city investigate leasing an ice machine. Stockton Ice Company quoted prices of 65 cents per 8-pound bag of cubed ice; $1 per 11-pound block of ice and a $75 set fee for an ice storage box at Walton Family Aquatic Center.

* Voted 3-0 against putting a handicapped parking space on the north side of Cherry Street, just east of Cedar Street. Harlan Moore, interim city manager, said that when they looked into the request they determined that it was not safe to put another handicapped space in that location.

* Passed on first reading a general ordinance amending Section 5-26 (G) of the City Code dealing with Animal Control.

* Passed on first reading a special ordinance clarifying that the parking lot on the east side of the Key Building is to be included with the building when it was sold to Harold Neas.

* Passed on first reading a special ordinance confirming that the Key Building is surplus property and directing the closing of the sale. The ordinance requires that the $82,600 that Harold Neas is paying for the building be paid to the city of Nevada and delivered to the city treasurer for deposit into the parks fund.

* Held a public hearing and then voted to pass on first reading a special ordinance changing the zoning on the Key Building and its' associated property from M-1, light industrial, to C-3 commercial business to allow apartments on the second floor of the building. Residences are not permitted in areas zoned M-1.

Passed on first reading a general ordinance amending Chapter 2, Parks Trust Fund, of the city code to eliminate the Parks Trust Fund. The ordinance calls for the city treasurer to contact each donor to the fund and to offer to return the donations or if the donor wishes to earmark that donation for use as desired by the donor.

* Passed on first reading a special ordinance authorizing the city to release the $4,768.68 Neighborhood Improvement District assessment after Beverly Balk purchased a lot located in the Barton's Meadow Addition.

* Passed on first reading a special ordinance authorizing a contract with the Municipal Code Corporation for codification and updates to the Nevada City Code Book. The $14,445 from Municipal Code Corporation is the highest of the three companies to make proposals for this service; however, it is the only one to have an attorney on-staff.

* Voted 3-0 to postpone consideration of Resolution No. 1184, to waive fees at the Frank E. Peters Golf Course for the Nevada Regional Medical Center Foundation Golf Classic.

* Adopted Resolution No. 1185 to approve an estimated $500 in travel expenses for Julie Lewis, city clerk, to attend the City Clerks and Finance Officers annual Spring Institute, March 11-16, in Lake Ozark.