March 29, 2016

Commissioner Carbone

was present via telephone.

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners.

Commissioner Schinhofen

opened the public hearing. March 29, 2016 3. 10:00 For Possible Action Public hearing, discussion and deliberation pursuant to NRS 244.360 on a complaint alleging the existence of a nuisan ce located at 203 O’Dell Street, Gabbs, Nevada-Cont’d. Sam Merlino advised notice of the public hearing was published on Match JO and 17, 2016. The property owner was noticed on March 2, 2016, and was present. Jan Basinger, the complainant, was not present and set forth in her letter dated Februa ry 22, 2016, allegations of a public nuisance along with pictures, which was submit ted to the County Clerk. Leland Ketten, the property owner of 203 O’Dell Street, said he had moved to Tonop ah but still held his property in Gabbs as a primary residence. He explained he raced stock cars and had off-road vehicles so most of the material on his property was for the building, upkeep, or repair of those activities. He stated the clutter was cleaned up during the annual mine-sponsored town clean-up. Mr. Ketten then pointed out a lot of the pictures submitted were pictures of his neighbor’s yard. His property was the one with the blue/yellow/black race car chassis and large pipe in a pile which was soon to be removed. There were also two vehicles on his property which were not license d as they were not being used, but those were the two only vehicles to be registered for highw ay use. Everything else was for racing or personal off-road use.

Commissioner Wichman

said she was concerned more about any kind of a trap like old refrigerators. She talked to Mr. Ketten about some of the pictures that possibly had something that kids could crawl into and he said the items were gone. With the evidence in front of her and without the complainant to offer argument as well as the disregarded photographs that were not his property, Commissioner Wichman said she had no choice but to claim this was not a public nuisance.

Commissioner Wichman

made a motion to adopt Resolution No. 2016-44 determ ining that upon thorough consideration of the evidence and the allegations in the compl aint as it pertained to the property described were not substantiated by the proofs offered at the hearing and no public nuisance existed; seconded by Commissioner Carbone; 4 yeas.

Commissioner Wichman

made a motion pursuant to NRS 244.360(1) and (2) to direct the Clerk to set a public hearing not less than 30 nor more than 40 days subseq uent to March 29, 2016 4. For Possible Action Discussion and deliberation pursuant to NRS 244.360(5) to: 1) direct the District Attorney to notify the person responsible for the nuisance to abate said nuisance as set forth in the complaint received by the County Clerk on March 14, 2016, regarding APN 001-222-03, 408 D Street, Gabbs, Nevada and a) determine and specify a reasonable time for the person to abate said nuisance and b) direct the District Attorney to bring legal proceedings for abatem ent of said nuisance if the notice to the person responsible fails to abate said nuisance; or, in the alternative 2) pursuant to NRS 244.360(1) and 244.36 0(2), direct the Clerk to set a public hearing not less than 30 nor more than 40 days subsequent to the filing of the complaint.-Cont’d. the filing of this complaint for April 19, 2016; seconded by Commissioner Carbone; 4 yeas.

Commissioner Schinhofen

adjourned the meeting. APPROVED this ATTEST: Of (3jpc9 ,2016. zJ hair Q e Nye)Couijty Clerk / Deputy