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2019-03-14 Board of County Commissioners - Full Agenda-2623
2019-03-14 Board of County Commissioners - Full Agenda-2623
*REVISED 3/11/19 at 1:00 PM: Redlined resolution and final resolution added to agenda
packet.*
Douglas County
Community & Senior Center
Thursday, March 14, 2019 5:30 PM
1329 Waterloo Lane Gardnerville, NV
Grandview Dining Room
MISSION STATEMENT
Working together with integrity and accountability, the Douglas County team is dedicated to providing
essential and cost-effective public services fostering a safe, healthy, scenic, and vibrant community for the
enjoyment of our residents and visitors.
Copies of the finalized agenda are posted at the following locations prior to the meeting day: Minden Inn, Administration
Building (Historic Courthouse), Judicial and Law Enforcement Center, and Community and Senior Center. Questions concerning
the agenda should be referred to the County Manager’s Office at 775-782-9821.
The Board of County Commissioners sit jointly as the following Boards: Liquor Board, License Board, Tahoe-Douglas
Transportation District Board, Water District Board, and the Redevelopment Agency. Agenda items may be taken out of order,
may be combined for consideration, or may be removed from the agenda at any time. All items designated “for possible action”
shall include discussion and possible action to approve, modify, deny, take “no action,” or continue the item.
It is the intent of the Board of County Commissioners to protect the dignity of citizens who wish to comment before the Board. It
is also the County Commissioner’s wish to provide the citizens of Douglas County with an environment that upholds the highest
professional standards. Citizens should have the ability to freely comment on items and/or projects that are brought before the
Board for action without interference.
In order to ensure that every citizen desiring to speak before the Board has the opportunity to express his or her opinion, it is
requested that the audience refrain from making comments, hand clapping or making any remarks or gestures that may interrupt,
interfere or prevent the speaker from commenting on any present or future project. Persons desiring an opportunity to address the
Board of County Commissioners and who are unable to attend the meeting are requested to send an email to clerk@douglasnv.us
at the Douglas County Clerk’s Office at least 24 hours prior to the convening of the Commission meeting.
Copies of supporting material can be requested in person from the Douglas County Clerk/Treasurer’s Office, 1616 8th Street,
Minden, Nevada or by calling 775-782-9013. Supporting material can also be found at http://douglascountynv.iqm2.com and
https://notice.nv.gov. During the public hearing, supporting materials can be viewed in the Public Information Binder located at
the entrance to the meeting room.
Notice to Persons with Disabilities: Members of the public who are disabled and require special assistance or accommodations at
the meeting are requested to notify the Clerk’s Office in writing at Post Office Box 218, Minden, Nevada 89423 or by calling
782-9821 at least 20 hours in advance.
DOUGLAS COUNTY BOARD OF COUNTY COMMISSIONERS
FINAL AGENDA – GARDNERVILLE, NV
March 14, 2019
5:30 PM
Call to Order
PLEDGE OF ALLEGIANCE
If you are going to comment on a specific agenda item that the Board of
Commissioners will take action on, please make your comments when the Board
of Commissioners considers that item and the item is opened for public comment.
For members of the public not able to be present when an agendized item is
heard, Speaker/Comment Cards are available from the Clerk and at the entrance
to the meeting room. These cards should be completed and given to the Clerk.
APPROVAL OF AGENDA
For possible action. Approval of proposed agenda. The Board of Commissioners
reserves the right to take items in a different order to accomplish business in the
most efficient manner, to combine two or more agenda items for consideration,
and to remove items from the agenda or delay discussion relating to items on the
agenda.
ADMINISTRATIVE AGENDA
The Chairman will read the agenda title into the public record and will have the
discretion to determine how the item will be presented. On agenda items that are
agendized as “for presentation only”, pursuant to NRS 241.020(2)(d)(3) public
comment is not required. Individuals interested in commenting on these items
may choose to comment at either the beginning or end of the meeting. For agenda
items identified as “for possible action,” although not required, public comment
will be allowed as each of those agenda items are heard by the Board.
THE TIMING FOR AGENDA ITEMS IS APPROXIMATE UNLESS OTHERWISE INDICATED AS A TIME
SPECIFIC ITEM. ITEMS MAY BE CONSIDERED AHEAD OF OR AFTER THE SCHEDULE INDICATED
BY THIS AGENDA.
ADJOURNMENT
Agenda Item # 1
Packet Pg. 4
1.a
RESOLUTION 2019R-011
Attachment: Resolution 2019R-011_SB 143 opposition re guns (3926 : Resolution 2019R-011 re 2nd Amendment protection)
LEGISLATURE THAT THE DOUGLAS COUNTY BOARD OF COUNTY
COMMISSIONERS OPPOSES ANY STATE LEGISLATION WHICH EXCEEDS
FEDERAL FIREARM TRANSFER REQUIREMENTS AND/OR INFRINGES ON THE
UNITED STATES CONSTITUTION AND/OR ARTICLE I, SECTION 11 OF THE
CONSTITUTION OF THE STATE OF NEVADA.
WHEREAS, the Second Amendment to the United States Constitution, adopted in 1791
as part of the Bill of Rights, states: “A well-regulated militia, being necessary to the security of a
free state, the right of the people to keep and bear arms, shall not be infringed”;
WHEREAS, the United States Supreme Court held in United States v. Miller, 307 U.S.
174 (1939), that Second Amendment protection extends to firearms that are part of ordinary
military equipment or that could contribute to the common defense;
WHEREAS, the United States Supreme Court affirmed in McDonald v. Chicago, 561
U.S. 742 (2010), that the Due Process Clause of the Fourteenth Amendment extends the Second
Amendment’s right to “keep and bear arms” to the states;
WHEREAS, the Fourth Amendment to the United States Constitution, adopted in 1791
as part of the Bill of Rights, states: “The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall not be violated, and no
warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly
describing the place to be searched, and the persons or things to be seized.”
WHEREAS, pursuant section 282.020 of the Nevada Revised Statutes, all officers and
Members of the Nevada Legislature do solemnly swear (or affirm) to “support, protect and
defend the Constitution and Government of the United States, and the Constitution and
government of the State of Nevada, against all enemies, whether domestic or foreign, and that
[they] will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of
any state notwithstanding, and that [they] will well and faithfully perform all the duties of the
office. . . .”;
WHEREAS, both the Senate and Assembly of the 2019 Nevada legislature recently
passed Senate Bill 143, requiring licensed firearms dealers to conduct a background check before
most private party transfers of firearms and/or imposing similar restrictions;
WHEREAS, Senate Bill 143 was signed into law by Governor Steve Sisolack on
February 15, 2019 with an effective date of January 2, 2020; and
Packet Pg. 5
1.a
WHEREAS, this Board desires to declare its support of the Second and Fourth
Amendments of the United States Constitution and Article I, Section 11 of the Constitution of
the State of Nevada protecting citizens’ inalienable and individual right to keep and bear arms.
Attachment: Resolution 2019R-011_SB 143 opposition re guns (3926 : Resolution 2019R-011 re 2nd Amendment protection)
NOW, THEREFORE, BE IT RESOLVED by the Douglas County Board of
Commissioners as follows:
1. That Douglas County supports the right of private individuals to lawfully sell or
transfer their legally-owned property without government interference;
2. That Douglas County opposes any legislation which exceeds federal gun laws
governing individual firearms transfers;
3. That the Douglas County Board of County Commissioners discourages the duly
elected Douglas County Sheriff from enforcing any unconstitutional firearms law
against any citizen;
4. That within its statutory or other legal powers, the Douglas County Board of County
Commissioners will request, advise, or otherwise direct any and all individuals,
entities, and agencies under its purview and authority to not enforce any law passed
by the Nevada Legislature that is contrary to or infringes upon the rights of the people
granted by the United States Constitution and/or the Constitution of the State of
Nevada; and
5. That the Douglas County Board of County Commissioners may decide not authorize
or appropriate County funds, resources, employees, agencies, contractors, buildings,
detention centers or offices for the purpose of enforcing law(s) that unconstitutionally
infringe(s) on the right of the people to keep and bear arms.
_________________________________
William B. Penzel, Chairman
Douglas County Board of Commissioners
Packet Pg. 6
1.a
ATTEST:
________________________________
Kathy Lewis, Douglas County Clerk
Attachment: Resolution 2019R-011_SB 143 opposition re guns (3926 : Resolution 2019R-011 re 2nd Amendment protection)
By: ______________________________
Deputy Clerk
Packet Pg. 7
1.b
–2–
–3–
–4–
–5–
–6–
Packet Pg. 14
Attachment: SB143_EN (3926 : Resolution 2019R-011 re 2nd Amendment protection)
1.b
Packet Pg. 15
Attachment: SB143_EN (3926 : Resolution 2019R-011 re 2nd Amendment protection)
1.c
RESOLUTION 2019R-011
Attachment: Redline of Reso 2019R-011 (3926 : Resolution 2019R-011 re 2nd Amendment protection)
UNITED STATES CONSTITUTION AND/OR ARTICLE I, SECTION 11 OF THE
CONSTITUTION OF THE STATE OF NEVADA.
WHEREAS, the Second Amendment to the United States Constitution, adopted in 1791
as part of the Bill of Rights, states: “A well-regulated militia, being necessary to the security of a
free state, the right of the people to keep and bear arms, shall not be infringed”;
WHEREAS, the United States Supreme Court held in United States v. Miller, 307 U.S.
174 (1939), that Second Amendment protection extends to firearms that are part of ordinary
military equipment or that could contribute to the common defense;
WHEREAS, the United States Supreme Court decision in District of Columbia v. Heller,
554 U.S. 570 (2008), affirmed an individual’s right to possess firearms, unconnected with service
in a militia, for traditionally lawful purposes, such as self-defense within the home;
WHEREAS, the United States Supreme Court affirmed in McDonald v. Chicago, 561 U.S.
742 (2010), that the Due Process Clause of the Fourteenth Amendment extends the Second
Amendment’s right to “keep and bear arms” to the states;
WHEREAS, the Fourth Amendment to the United States Constitution, adopted in 1791 as
part of the Bill of Rights, states: “The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall not be violated, and no
warrants shall issue, but upon probablyprobable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and the persons or things to be seized.”
WHEREAS, Article I, Section 11 of the Constitution of the State of Nevada states, in part:
“Every citizen has the right to keep and bear arms for security and defense, for lawful hunting and
recreational use and for other lawful purposes”;
WHEREAS, pursuant section 282.020 of the Nevada Revised Statutes, all officers and
Members of the Nevada Legislature do solemnly swear (or affirm) to “support, protect and defend
the Constitution and Government of the United States, and the Constitution and government of the
State of Nevada, against all enemies, whether domestic or foreign, and that [they] will bear true
faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state
notwithstanding, and that [they] will well and faithfully perform all the duties of the office. . . .”;
WHEREAS, both the Senate and Assembly of the 2019 Nevada legislature recently passed
Senate Bill 143, requiring licensed firearms dealers to conduct a background check before most
private party transfers of firearms and/or imposing similar restrictions;
WHEREAS, Senate Bill 143 was signed into law by Governor Steve Sisolack on February
15, 2019 with an effective date of January 2, 2020; and
Packet Pg. 16
1.c
WHEREAS, this Board desires to declare its support of the Second and Fourth
Amendments of the United States Constitution and Article I, Section 11 of the Constitution of the
State of Nevada protecting citizens’ inalienable and individual right to keep and bear arms.
Attachment: Redline of Reso 2019R-011 (3926 : Resolution 2019R-011 re 2nd Amendment protection)
their legally-owned property without government interference;
2. That Douglas County opposes any legislation which exceeds federal gun laws
governing individual firearms transfers;
3. That the Douglas County Board of County Commissioners discourages the duly elected
Douglas County Sheriff from enforcing any unconstitutional firearms law against any
citizen;
4. That within its statutory or other legal powers, the Douglas County Board of County
Commissioners will request, advise, or otherwise direct any and all individuals, entities,
and agencies under its purview and authority to not enforce any law passed by the
Nevada Legislature that is contrary to or infringes upon the rights of the people granted
by the United States Constitution and/or the Constitution of the State of Nevada; and
5. That the Douglas County Board of County Commissioners willmay decide not to
authorize or appropriate County funds, resources, employees, agencies, contractors,
buildings, detention centers or offices for the purpose of enforcing law(s) that
unconstitutionally infringe(s) on the right of the people to keep and bear arms.
_________________________________
William B. Penzel, Chairman
Douglas County Board of Commissioners
Packet Pg. 17
1.c
ATTEST:
________________________________
Kathy Lewis, Douglas County Clerk
By: ______________________________
Deputy Clerk
Attachment: Redline of Reso 2019R-011 (3926 : Resolution 2019R-011 re 2nd Amendment protection)
Packet Pg. 18
1.d
Attachment: Resolution 2019R-011_SB 143 opposition re guns_revised 3.11.19 (3926 : Resolution 2019R-011 re 2nd Amendment protection)
RESOLUTION 2019R-011
WHEREAS, the Second Amendment to the United States Constitution, adopted in 1791
as part of the Bill of Rights, states: “A well-regulated militia, being necessary to the security of a
free state, the right of the people to keep and bear arms, shall not be infringed”;
WHEREAS, the United States Supreme Court held in United States v. Miller, 307 U.S.
174 (1939), that Second Amendment protection extends to firearms that are part of ordinary
military equipment or that could contribute to the common defense;
WHEREAS, the United States Supreme Court affirmed in McDonald v. Chicago, 561
U.S. 742 (2010), that the Due Process Clause of the Fourteenth Amendment extends the Second
Amendment’s right to “keep and bear arms” to the states;
WHEREAS, the Fourth Amendment to the United States Constitution, adopted in 1791
as part of the Bill of Rights, states: “The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall not be violated, and no
warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly
describing the place to be searched, and the persons or things to be seized.”
WHEREAS, pursuant section 282.020 of the Nevada Revised Statutes, all officers and
Members of the Nevada Legislature do solemnly swear (or affirm) to “support, protect and
defend the Constitution and Government of the United States, and the Constitution and
government of the State of Nevada, against all enemies, whether domestic or foreign, and that
[they] will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of
any state notwithstanding, and that [they] will well and faithfully perform all the duties of the
office. . . .”;
WHEREAS, both the Senate and Assembly of the 2019 Nevada legislature recently
passed Senate Bill 143, requiring licensed firearms dealers to conduct a background check before
most private party transfers of firearms and/or imposing similar restrictions;
WHEREAS, Senate Bill 143 was signed into law by Governor Steve Sisolack on
February 15, 2019 with an effective date of January 2, 2020; and
Packet Pg. 19
1.d
Attachment: Resolution 2019R-011_SB 143 opposition re guns_revised 3.11.19 (3926 : Resolution 2019R-011 re 2nd Amendment protection)
WHEREAS, this Board desires to declare its support of the Second and Fourth
Amendments of the United States Constitution and Article I, Section 11 of the Constitution of
the State of Nevada protecting citizens’ inalienable and individual right to keep and bear arms.
_________________________________
William B. Penzel, Chairman
Douglas County Board of Commissioners
Packet Pg. 20
1.d
ATTEST:
Attachment: Resolution 2019R-011_SB 143 opposition re guns_revised 3.11.19 (3926 : Resolution 2019R-011 re 2nd Amendment protection)
________________________________
Kathy Lewis, Douglas County Clerk
By: ______________________________
Deputy Clerk
Packet Pg. 21