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Pahrump Mirror
Pahrump, Nevada
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October 30, 1997     Pahrump Mirror
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October 30, 1997
 

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Behind the scene of parcel map moratorium What only a few people in Nye County presently realize is that the moratorium on land parceling in the Pahmmp area that was recently passed by the Nye County Commis- sion, which will go into effect on December 1, 1997, is nothing more than the latest exten- sion and continuation of land division policy, rules and regu- lations that vio- late restrictions placed on a gov- erning body by Nevada Statute. Nye County parcel map law has exceeded the require- merits allowed by Nevada law to a governing body since the early part of this decade when aNye County Ordinance number 135was put in place. The infamous NCO 135 was so restrictive that no land in Nye County could be parceled - and at the same time meet the conditions of the ordinance- without meeting land improvement requirements that could only legally be required by Nevada law if a high density housing subdivision were being created. Of course, no one could meet such require- ments. It was economically impossible. Hun- dreds of thousands of dollars were wasted by citizens who tried and failed. In fact, no one in the rural part of Nye County even got a parcel map approved during all the time NCO 135 was in effect without the county waiving requirement sthat were rigidly demanded by the language of the ordinance before ap- proval could take place. If you think such a situation resulted in arbitrary and capricious decisions being made by the Nye County Commission, you are correct. In 1994 Bill Copelancl, who was running for County Commissioner in District 3, and Bob Beckett, who was running for Nye County District Attorney, both ran successfully for office on campaign platforms that included pledges to ensnare the insanities embedded in NCO 135. After Copeland and Beckett took office in January 1995, and after a lot of push and shove on Copeland's part to get the issue moved forward, ameeting was held in 1996, at the direction of the Nye County Commis- sion, to resolve the problem and lay the ground work for the writing of the new ordinance. The meeting was held at Copeland's home and in attendance were Bill Copeland; Ron Williams, acting directorofNye County Plan- ning Department; Williams' assistant, whose name I forget; Rachel Nicholson, from Nye County Administration; myself, as Copeland's advisor; and not participating but witnessing the meeting, Pat Copeland, the Commissioner's wife. The meeting lasted about an hour and a half and I did most of the talking. NCO 135 was gone over paragraph by paragraph as discrepancies with and violation of Nevada law were pointed out. At the end of the meeting it was the general consensus that a lot of headway had been made and what ap- peared to be a broad based understanding had been reached as to changes that neededto be made in order to write a parcel map ordinance that complied with Nevada law. About six weeks later, Nicholson sent Copeland a draft of a new ordinance and he sent it to me for review and comment. Nicholson's draft was worse than NCO 135 by a factor of three at least. I thought she had dote it as a joke or perhaps had her worst nightmare and told Copeland as much. When her second draft came in, I realized how wrong I was. It was no joke and Nicholson was serious. I advised Copeland that we needed to take a different tack. Copeland had been diagnosed with cancer and we both knew that time might be running out. Our plan was as follows. My wife and I had a ten acre parcel of land in Amargosa Valley. At THIS MAN S OPINION our expense, t we would by Brent Mathewson have the land surveyed, a parcel map constructed dividing it into four 2 1/ 2 acre lots and I would walk the applica-. tion through the permit process armed with the knowledge of what I knew to be the illegal requirements 6f NCO 135. In mid- 1996, just 45 days after submitting this parcel map to the county for approval, conditional approval, or disapproval, the par- eel map application was approved by the Nye County Commission without conditions and as submitted. I immediately left the commis- sion chambers in Tonopah in a state of eupho- ria. I felt a great victory had been won for all people of Nye County. No parcel map appli- cation had ever been approved in such a manner in the six plus years that NCO 135 had been in place. I should have stuck around. Within fifteen minutes of approving my parcel map applica- tion, the Commission declared a temporary moratorium on all parcel map applications before them until new parcel 'map legislation, presently being worked on at that time, could be put in place. Rachel Nicholson's second draft (men- tioned earlier) and I believe a third draft, was run past some people in Pahrump. These people effectively regurgitated large parts of Nicholson's proposed ordinance and what was left over is essentially what is in effect today county-wide as Nye County Parcel map law. Major provisions in the present law are still in violation of Nevada Statutes. Without belaboring the point, or getting so complicated that I lose the reader, let me'say this. By Nevada law, no road improvement required by a governing body before approv- ing a parcel map that divides property into one net acre or more, can be,÷equired that exceeds road conditions on property zoned for similar use within 660 feet of the proposed parcel. In other words, there is no possible way that the Nye County Commission, the Pahr- ump Regional Planning Commission, or any other government entity, can require a small land developer to pave roads around a ten acre parcel or land that he or she is attempting to divide into four 2 1/2 acre lots when the nearest paved road is two or three miles away. And still abide by Nevada law. Be that as it may, don't expect this fact to deter the present Nye County Commission to use all means at their disposal, up to and including hiring outside legal counsel at tax- payers' expense, to defend the county against legal action to be brought against the county for entering ordinances in violation or Ne- vada Statutes. After all, the interests of the county's larg- est seemingly and sacrosanct land developers demand nothing less. Doesn't it? That is this man's opinion. copyright 1997 by Brent Mathewson Legals Pahrump Valley Gazette, Thursday, October 30, 1997 21 APPLICATION FOR WATER NO. 63451 NOTICE IS HEREBY GIVEN, that on the 19th day of September 1997, Rupert Bragg-Smith of Las Vegas, Nevada made application to the State EngineerofNevada for permission to change the point of diversion, manner and place of use of 0.0084 cfs, a portion of water here- tofore appropriated under Permit 13958. Water will be diverted from an under- ground source at a new point located within the NEll4 SEI/ 4 of Section 33, T.20S., R.54E., MDB&M or at a point from which the NE corner of said Section 33 bears N 28* 02' Off' E a distance of 3184.00 feet (North of Gamebird and Ne- vada Rte 160). Water will be used for commercial purposes from January Ist to December 31 st of each year. The existing point of diversion was from an underground source located within the NEll4 NWI/4 of II Section 3, T.20S., R.53 E., M.D.B.&M., or at a point from which the N1/4 cor- ner of said Section 3 bears N. 45* Off 00 E., a distance of 100.00 feet. Water was used for irrigation purposes from January 1st to De- cember 31st of each year, R. Michael Turnipseed, P.E. State Engineer Publish: 10/23/97, 10/30/ 97, 11/6/97, 11/13/97 BEFORE THE TRANSPORTATION SERVICES AUTHORITY OF NEVADA In the Matter of TECOPA HOT SPRINGS TRANSPORTATION, INC, operating as a common carrier in the transportation of pLagers and flzeir between Pahrump, Nevada, and Las Vegas, Nevada. Docket No. 96-11010 In the Matter of Administrative Citations and Verified complaints issued pursuant to NRS 706.771. Citations Nos. 01327, 01553, 01976, 01977, 01978 blOTICE OF HEARING Docket No. 96-11010 is a petition and complaint filed with the Public Service Commission of Nevada ("Commission") by the Regulatory Olxations Staff of the Commission ("Staff"). Staff filed the petition and complaint pursuant to Nevada Revised Statutes ("NRS") and Nevada Administrative Code ('NAC") Chapters 703 and 706. The petition and complaint request that the Commission issue an order that Teeopa Hot Springs Transportation, Inc. ("recopa"), and its president, Carroll Wallace, appear before the Commission and show cause why they should not be directed to cease and desist from operating in violation of the scope of Tecopa's Certificate of Public Convenience and Necessity No. Ct A-2410 ("Certificate"), Tecopa's approved tariffs on file, and applicable statutes and regulations and why Tecopa's Certificate should not be suspended or revoked. The petition and complaint further request that the Commission order Elite Limousines, Elite Limousine & Body Guardsman Services, Inc., and Elite Limousine by Tecopa (hereinafter "Elite") and Elite's President, George N. Helm, appear before the Commission and show cause why Elite and/dr. Helm should not be ordered to cease and desist from operating a common carrier limousine service under the ostensible authority of Tecopa's Certificate. Staff further requests that the Commission order Elite to discontinue all common carrier limousine service in Nevada until such time as they possess a legitimate Certificate from the Commission. Citations Nos. 03127, 01330, 01976, 01977, and 01978 are citations/complaints issued to George N. Helm and Elite for allegedly operating as a common carder of passengers within the state of Nevada without first obtaining a certificate from the ,Commission, in violation of NRS 706.386. ' The above entitled dockets were consolidated by the Commission's order dated February 24, 1997. On March 4, 1997, the Commission ordered the pngs bifurcated into a first and second phase. The fn't phase would address the scope of authority of Tecopa's Certificate and the second phase would allow for consideration of all remaining issues. By order dated July 25, 1997, the Commission completed the first phase of the proceedings. Pursuant to Section 342 of Assembly Bill No. 366 (1997), the Transportation Services Authority ("Authority") has legal authority and jurisdiction to hold a hearing in this matter. NOTICE IS HEREBY GIVEN that the Authority has scheduled a HEARING on the second phase of this matter as follows: Wednesday. November 12. 1997 I0:00 a.m. 555 East Washington Avenue, Room 4412-E Las Vegas, Nevada 89101 at which time interested persons may appear and be heard. The hearing will continue through Thursda_v. November 13. 1997. at the same location. If necessary, this matter will be continued to a time to be determiued at the heating. In accordance with the provisions of NRS 706.166, 706.331,and 706.386, the Authority will considerevidence pertaining to (1) the nature of the transportation provided by Respondent, (2) the circumstances surrounding the provision of transportation, (3) whether the transportation is intrastate or interstate in nature, and (4) whether the transportation constitutes a violation of the provisions of NRS 706.386. At the hearing, the Authority may also consider other issues related to the provisions of Chapters 703 and 706 of NRS and NAC, may discuss public comments, and may make decisions on the procedural and substantive issues raised at the hearing. The Authority may vote at the hearing (1) to find that the transportation is intta in nature and that therefore the complaint should be dismissed, (2) to find that the transportation is intrastate in nature and to take appropriate action, or (3) to take such other action as it deems appropriate under the circumstances. This noti has been postedatth¢ county inCarsouCity, l/amo, and Las Vegas. By the Authority, Clayton L. Holstine, Deputy Commissioner Dated: Sparks, Nevada October 23, 1997 (SEAL) Publish 10/30/97