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News / Clark County News

Clark County council ratifies initial fee vote

Regarding charter flap, Mielke says he won't back policy that requires unanimity

By Kaitlin Gillespie
Published: July 22, 2015, 5:00pm

Tuesday’s back-and-forth over whether the home rule charter allows a quorum of Clark County councilors to approve an ordinance ended Wednesday after Councilor Tom Mielke said he would not support a policy that requires a unanimous vote to pass an ordinance.

The three-member Clark County council — absent Councilor Jeanne Stewart, who left early to meet family — voted Tuesday to approve an ordinance upholding the county’s stormwater fees. Following the adjournment of the meeting, the county reopened it at the urging of Deputy Prosecuting Attorney Chris Horne, who said that under the charter the councilors must approve ordinances by a vote of three. The council voted instead to postpone further discussion until Wednesday.

At Wednesday’s meeting, however, Councilors David Madore and Mielke — Stewart was absent — voted to ratify Tuesday’s initial vote to continue the county’s stormwater fees, which must be approved by Aug. 7 to keep current fees from sunsetting. Don Benton, director of the Department of Environmental Services, warned that may mean budget cuts in the department.

Madore emphasized that he does not support requiring a unanimous vote to approve an ordinance, but he made a motion to hold a third vote on the issue later, when the full council is present. The motion died when Mielke refused to second it.

“It’s already approved, in my eyes twice, but we get an opportunity to approve it even one more time just to make sure there’s no hiccup there whatsoever,” Madore said before he made the motion.

Acting County Manager Mark McCauley and Deputy Prosecutor Chris Cook, meanwhile, warned the council that it is better to be safe and attempt to ratify the ordinance with three votes rather than face potential legal challenges.

“If that’s a risk you want to accept, fine,” McCauley said. “If you get a third vote next week, that risk disappears.”

Mielke, however, disagreed.

“You’re giving credibility (to) … something that’s impossible to achieve,” he said. “I don’t want to go there.”

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