STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. JUNE 5, 2002

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1 STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. The Board of Elko County Commissioners meet in regular session on June 5, 2002, at 1:30 p.m., in Room 105, in the Elko County Courthouse, at 571 Idaho Street, Elko, Nevada. There were present: County Commissioners Brad Roberts, Chair Nolan Lloyd Mike Nannini Warren Russell John Ellison County Manager Robert Stokes Deputy District Attorney Kristin McQueary County Clerk Win Smith Deputy County Clerk Marilyn Tipton Chief Financial Officer Cash Minor Public Works Director Lynn Forsberg Community Development Dir. Charles Voos Road Supervisor Otis Tipton --- The following proceedings were held: Commissioner Roberts called the regular meeting to order at 1:30 p.m. PLEDGE OF ALLEGIANCE: Commissioner Roberts lead the meeting participants in the Pledge of Allegiance. NEVADA DEPARTMENT OF TRANSPORTATION AND ELKO COUNTY CONSULTATION MEETING: Tom Stephens, Director of NDOT, introduced Michelle Gardner Lilly of the NDOT program development department; Mike Glock, District Three Engineer; Kevin Lee the Assistant District Three Engineer for Elko; Michael Murphy the District Three Traffic Engineer; Sandi Stanio of Rural Transit; Rich Johnson, NDOT News Magazine photographer; and Fred Harris the staff writer for the NDOT News Magazine. He reported that Rich Johnson and Fred Harris was traveling through the district to gather stories for the magazine. Tom Stephens noted there was more fatalities upon the highways at an increase of 34% statewide from last year. He stated that Clark County vehicle fatalities was down but the rural fatality number was up 86%. He noted that Elko County s vehicle fatalities had decreased. He stated that over 2/3 of the people killed were not wearing seat belts. Commissioner Lloyd inquired about alcohol related accidents. Tom Stephens believed that a third of the accidents was alcohol related last year. He reported that driver s inattention and no seat belt was the main reason for the high death count. He reviewed the Nevada Department of Transportation s Annual Work Program (AWP) for Fiscal Year Tom PAGE 1

2 Stephens submitted and reviewed the written report which listed the proposed Highway Project for FY in Elko County. He noted that their strategy was the lower volume of traffic roads received a lower volume of maintenance and were patched rather than completing an full overlay upon those roads. He questioned the bridge replacement EL on Bull Run Creek which would expend $600, He would have his engineers review that project because he believed that was rather expensive to provide access for 20 cars a day. Tom Stephens reviewed the long range projects but felt they could not put in a West Carlin interchange for $150, at Carlin. He noted that most of the long range projects were not funded and had no specific construction date. Commissioner Ellison noted they had requested a traffic study on SR 225 and upon US 93 to slow traffic down to Wildhorse and slow traffic going into Jackpot. He stressed that the housing development was expanding in the Jackpot area. Tom Stephens inquired about the location of the subdivision from the town of Jackpot. Commissioner Roberts noted that they had requested the speed to be reduced to 55 from 70 mph. Tom Stephens stated that if it was outside of town, the people would not pay attention to the speed reduction but he would review that request. Commissioner Ellison stated their other speed reduction request was at the Wildhorse Resort. Tom Stephens noted that the speed limit sign did not slow the traffic down and only allowed the speeding ticket to be higher. He believed that signage for a short distance was more effective than a lower speed limit over a longer length of road. Commissioner Nannini inquired about the funding for the road around Hoover Dam. Tom Stephens noted that the Nevada contribution to the project would be 20 million dollars. Commissioner Nannini inquired if they had cut projects in order to fund that project. Tom Stephens replied they had not cut any projects and that the federal formula funds had not been affected. He reported that most of that funding was coming from special appropriations set aside by Congress, and half the project was being paid for by Arizona. He stated that there was several projects in Clark County that was utilizing federal formula funds and State funds. Commissioner Nannini stated he understood that they had to cut back several projects to help fund the dam bridge project. Tom Stephens stated that every dollar in Clark County was not spent in Clark County because the rural areas did not have the population, and the urban areas supported the rural areas. He assured them Elko County was getting their fair share of the funding. Commissioner Nannini noted that with the placement of Michael Glock and Kevin Lee they were very cooperative with the County. He commended the NDOT staff upon their past efforts. Commissioner Ellison inquired about the traffic count on the Lamoille Highway and Licht Parkway intersection. Michael Glock stated that was performed in the last of April. He did have the numbers and would submit a copy of that report to Commissioner Ellison. Commissioner Roberts noted that the bridge replacement project across Bull Run Creek was a request by the County and it was upon the federal bridge replacement program. Commissioner Roberts acknowledged that the County would contribute 20% towards the project. Tom Stephens noted that funding could be expended upon another PAGE 2

3 project. Tom Stephens inquired if they had any other project they would rather have the funding expended upon other than that particular bridge. Tom Stephens stated that they received obligation authority every year and no matter which program that they spent the money upon they had to use the State s special obligation authority and that obligation authority could be spent upon other programs such as re-paving an area, etc. Commissioner Roberts noted that the bridge qualified for replacement and if the funding went to some other project then the County would have to perform that bridge replacement. Tom Stephens stated that the only reason that they would not replace the bridge was that for its current use, the bridge was adequate. He noted that the bridge was not falling down and was not subject to flooding. There was a low volume of traffic across the bridge, and the bridge was only 15 feet wide and 30 feet long. He reported that the bridge was not a standard bridge because railroad cars supported this bridge. He questioned if this was a wise use of the public s money due to the $600, estimate, and he stated no decision had been made upon this expenditure. Otis Tipton requested that Tom Stephens explain what type of bridge the engineers had planned for the $600, and that they may downsize it. Tom Stephens stated that the engineers had estimated a two lane bridge and they may down size that bridge. Tom Stephens stated he would have them review the project and suggested that they may utilize a section of the railroad bridge that was presently located south of Las Vegas. Commissioner Roberts stressed that they did want that bridge project addressed and thanked Tom Stephens for his consideration. Assemblyman John Carpenter thanked NDOT for being responsive and thanked them for their cooperation. He noted that NDOT was replacing the signs within the region which was beneficial to the community. He stated they had discussed installing passing lanes upon US 93 and encouraged them to keep this in mind when letting out future contracts. Commissioner Lloyd inquired about the hospital signal and if there was any studies being performed upon that intersection. Tom Stephens stated he understood that the fatal accident occurred due to driver s inattentiveness. He stated he had observed that intersection today and did not believe that it warranted a reduction in the speed limit. Tom Stephens stated that the signal immediately changes when someone came from the hospital access. He felt that it should be adjusted so if there was traffic coming down the hill, the signal would not immediately change for that one car coming from the hospital. He believed that they needed to put some signal ahead, possibly signs up higher upon the hill. He liked the advance flashers signal. He stated that it was a good roadway, it was a good signal and it had advance flashers. He stated that they had observed several people had ran the red light. Commissioner Nannini noted the speed of the traffic upon that roadway. Tom Stephens believed they should fine tune that signal from stopping several cars coming down the hill for one car which had just pulled up from the hospital. Commissioner Nannini inquired about the utilization of a roundabout. Tom Stephens stated that a roundabout was utilized for subdivisions or in areas with lower speed limits. He stated that roundabouts would not work upon a main highway. Tom Stephens did not believe that they could have prevented the most recent accident at the hospital intersection PAGE 3

4 due to the circumstances. He believed that they could perform some fine tuning to the signal to improve the intersection. He noted that Carson City had two roundabouts and that they may consider roundabouts within the City of Elko. Commissioner Russell noted in Boulder City they had a specific traffic pattern. He inquired if they could put in a third lane for 1/4 mile upon the inside lane upon the downhill slope so that traffic could continue within the other outer two lanes down the slope. He stated that extreme weather conditions may cause accidents at that intersection. Tom Stephens noted that there was a traffic signal at that location, and there was not a driver expectation that they would have a merge to the left to slow down. Commissioner Russell inquired about the cost for an underpass. Tom Stephens believed it would be approximately 3 million because there would have to have several off ramps. He noted that the one of the problems was the interchange was located at the bottom of the hill and a speed limit would not control the speed. Assemblyman Carpenter noted that Tom Stephens had suggested a flashing light higher upon the hill. Tom Stephens requested acceptance of the FY Statewide Transportation Improvement Program (STIP) and FY Short and Long Range List of Projects MOTION: Commissioner Nannini moved to approve the Nevada Department of Transportation s Annual Work Program (AWP) for Fiscal Year 2003, and the FY Statewide Transportation Improvement Program (STIP) and FY Short and Long Range List of Projects. Commissioner Lloyd seconded the motion. The motion was passed unanimously. NACO: Commissioner Lloyd introduced Leroy Goodman the President of NACO. Leroy Goodman reviewed NACO s concern about indigent long term care. He believed that they should take the tax money generated within the counties and give it to the State for the State to administer it. He stated that NACO would be supporting the elected officials salary bill. He reported that on June 27 th NACO would hold a reception with the Clark County delegation to review several items of interest. He noted that the rural counties assessed evaluation had decreased within the State of Nevada. APPROVAL OF PRECEDING MINUTES: The Board considered approval of the preceding minutes for the special budget meeting held on May 8, MOTION: Commissioner Nannini moved to approve the preceding minutes for the special budget meeting held on May 8, Commissioner Ellison seconded the motion. The motion was passed unanimously. The Board considered approval of the preceding minutes for the meeting held on May 15, 2002: Board of County Commissioners, Board of County Highway Commissioners, Jackpot Town Board, Jarbidge Town Board, and the Mountain City Town Board. PAGE 4

5 MOTION: Commissioner Lloyd moved to approve the preceding minutes for the meetings held on May 15, 2002: Board of County Commissioners, Board of County Highway Commissioners, Jackpot Town Board, Jarbidge Town Board, and the Mountain City Town Board. Commissioner Ellison seconded the motion. The motion was passed unanimously. The Board considered approval of the preceding minutes for the special budget meeting held on May 20, MOTION: Commissioner Lloyd moved to approve the preceding minutes for the special budget meeting held on May 20, Commissioner Russell seconded the motion. The motion was passed unanimously. COMMENTS BY THE GENERAL PUBLIC: Kristin McQueary introduced Troy Jordan, a law clerk who was working within the District Attorney s Office this Summer. She noted that he was originally from Eureka, Nevada and that he had graduated from the University of Reno. He was presently attending Cal-West Law School in San Diego, California. CORRESPONDENCE, ACKNOWLEDGMENTS AND NOTICES: Commissioner Roberts noted that they had received on May 16 th correspondence from the BLM regarding the Plan of Operations for the Pediment Project upon the proposed open pit in Lander County. He suggested that a letter of support be submitted in the scoping phase for Cortez Gold Mines with regards to the economic impact to the community since there were a number of Cortez Gold employees residing within the area. COMMISSIONS, BOARDS AND COMMITTEE REPORTS: Hospital Board - Commissioner Nannini stated they had selected a new candidate for the CEO and would recommend that person to the Board tonight. Recreation Board - Commissioner Ellison stated that they would meet this coming week to review the amended budget. Auditorium Authority Board - Commissioner Lloyd noted that next week was the Mining Exo and reviewed the multiple entertainment events planned. Museum Board - Commissioner Roberts stated they were installing new heating and cooling units. He stated that the Pony Express cabin would be reconstructed and the footings had been completed. NACO Board - Commissioner Lloyd stated there was nothing to report other than the meeting of the executive board with the Clark County delegation to gather their support. ECEDA Board - Commissioners Russell noted that a number of the cities were active in pursuing several companies to the region. California Trails Center Board - Commissioner Lloyd stated that last week the BLM PAGE 5

6 entertained another director candidate for that facility. Juvenile Committee - Commissioner Nannini he stated they would have to look at expanding the parking lot for the juvenile facility. Cash Minor stated next week they would have a meeting to discuss the change of the formula for funding Aurora Pines. Elko County would see a reduction in cost because they would go by payment per student. LEPC - Commissioner Ellison stated that they had moved the meeting without prior notification to him. Central Dispatch Administrative Authority - Commissioner Nannini stated they had approved the final budget. Regional Transportation Commission - Commissioners Roberts stated they would have their next meeting upon July 2, Debt Management Committee - Commissioner Lloyd stated no meetings were held. Water Planning - Commissioner Ellison stated the City wished to meet with staff and City supervisors to look at their wellhead protection. Humboldt River Basin Water Authority - Commissioners Russell stated the meeting would be held next week. Elk Advisory Committee - Commissioner Russell stated in their last meeting there was private property owners, property owners upon public lands, and sportsmen present to discuss elk hunting availability. He stated that there was a stalemate between public lands users and the sportsmen. He suggested that there be more incentives provided to the ranchers. He stated that the private land owners did not find enough compensation and believed that they should raise the incentives to the private land owners. He stated that NDOW had abatement programs, and incentive programs but at this time it was not enough of an incentive to the private land owners. He suggested cards be given from the hunters to the ranchers and when the private ranches received a certain number of cards he would receive an incentive elk tag which may bring in $10, He stated that if the sportsmen did not support the incentives to the ranchers, then there would not be support for the plan. He suggested the incentive as a possible resolution of the stalemate. Commissioner Roberts noted at the State Wildlife Board meeting held on May 10, 2002, he commented that they should think out of the box to make this a win-win situation. He stated that private land owners wintered the elk and they should have incentives to reimburse the private land owners. Commissioner Nannini noted that there was comments upon the count performed for the incentive tags. He stated currently they based it upon how many deer, etc., were upon the property and then give a tag for a certain number of deer, etc. He stated that the complaints were they were performing the count during the low periods and not during the migration period. Commissioner Roberts noted the suggestion was based upon cards from the hunters rather than the number of animals in the region. Commissioner Russell noted that if there were no animals on the private land then the hunters would not be in the region. He stated that as a whole, the spectrum of people were not looking for a large number of elk. He stated they were discussing a five year review. Commissioner Ellison noted that the biggest fear was the reduction of the AUM s. He stated the private ranchers were concerned about the hunters that cut fences, shoot their cattle PAGE 6

7 and equipment. Commissioner Russell acknowledged there was a lot of problems. He stressed they needed to find middle ground between the ranchers and sportsmen. Jail Construction Committee - Commissioners Nannini stated they were cleaning up the areas. Charles Voos stated there was a notice of substantial completion issued, and the phone together with the low voltage security systems would be completed next week. He stated they would perform a walk-through next week. Fair Board - Commissioner Ellison stated the last meeting was in Wells and he could not attend. Yucca Mountain Project - Commissioner Nannini stated there was nothing to report. Senior Citizens - Commissioner Roberts stated they were still speaking with the contractor to bring the heating/cooling system up to bid specifications. Chuck Knight stated he had been upon the phone to Pete Peterson and Gary of ITC and he believed they would be more cooperative in the future. Elko Mental Health Advisory Board - Commissioner Ellison stated there was nothing to report. Nevada Division of Wildlife Liaison - Commissioner Russell he stated that the local commission made recommendation for the deer and they had recommended a lower number which was supported by the State. Nevadaworks - Commissioner Ellison stated there would be a meeting next Friday in Reno. He stated there was funding available for nursing programs through the college. Northeastern Nevada Regional Transit Coalition - Commissioner Ellison stated that their meeting was today at 1:30 pm. USFS Liaison - Commissioner Nannini, stated he, the County Manager, Robert Stokes, and Lynn Forsberg met in Reno with the Forest Service and the Fish &Wildlife. Robert Stokes stated they had met with Scott Bell and Bill Van Bruggen to schedule coordination meetings on the 2 nd Monday of every month. Commissioner Nannini reported upon the FS seeking an additional ranger for the Mountain City area. Robert Stokes stated that Mr. Vaught wished to have the Board comments about having one district ranger in the Elko area as opposed to having two rangers. Commissioner Lloyd felt they should get an assistant for Bill Van Bruggen and let him assume both districts. Commissioner Nannini supported one district ranger rather than having to address two rangers in the region. Commissioner Russell agreed with Commissioner Nannini that it would be more convenient to have on district ranger. Commissioner Roberts suggested a letter be sent to that effect. BLM Liaison - Commissioner Ellison stated their next meeting was schedule for the 13 th of June. He noted that Helen Hankins was present at this meeting. He requested Robert Stokes to place the suspension of AUMS for fire upon the next meeting agenda. Nevada Public Agency Insurance Pool & Public Agency Compensation Trust Board - CFO, Cash Minor, stated upon property and casualty a couple of the pools had a 105% increase and a 95% increase. He stated that Elko County started at 65% and may only be increased 30%. He stated that they were working upon the all perils (flood and earthquake issues). Robert Stokes reported that in Arizona they had a premium increase of over 100%. PAGE 7

8 ELKO SENIOR CENTER: The Board discussed participation in providing maintenance services for the Elko Senior Center. Chuck Knight reviewed the history of when they moved from one center to another center. The old original facility was owned and maintained by the City. He stated that currently the County was the owner and requested that they perform the same services as the City had provided. He stated that Ron Eastwood had performed some of the maintenance upon the facility. He believed there should be a maintenance contract due to the systems contained within the facility. He stated they would perform the general maintenance but requested that the County provide assistance upon the other systems. He noted that the new center in Elko was different. He stated that Wells and Carlin had less than 50 members and Elko had over 400 members. He noted that over 100 of those members were the County of Elko residents. He stated they serve a combination of the County residents together with the City of Elko residents. He believed there should be additional funding provided for the three senior centers. He suggested a change in the 2 cent tax upon the advalorem tax. He noted the increase in numbers of senior citizens within the region. He stated they were asking for more services than what the former senior s citizen center had provided. Commissioner Roberts inquired about funding for catastrophic. Chuck Knight stated they should get rates for maintenance upon that complicated system. He requested funding be set aside on an annual basis until they become self sufficient. Chuck Knight stated that Jackpot and Wendover may be requesting a senior citizens center in the future. He requested they establish a fund for maintenance of the building. Commissioner Roberts inquired about a cost estimate for that fund. Chuck Knight suggested approximately $10, He stated that they may receive funding for a geothermal project. He reported they submitted a study grant application for the geothermal heating project. He stated that the building was designed for geothermal heating. Commissioner Roberts felt that would save in electrical costs. Chuck Knight noted their winter heating costs ran from $ to $ per month. Commissioner Russell inquired about the distribution of the 2 cent tax. Chuck Knight stated it was presently upon a need basis and the three centers submit a budget to the county office and the funds were divided between the three centers. Commissioner Russell inquired about last year s distribution to the three centers. Cash Minor replied he did not have the exact amounts but believed $192, in funding was available. He believed the Elko Senior s Center was $70, in their requests; the Carlin Senior s Center was $34, and the Wells Senior s Center request was at $20, Commissioner Roberts noted that ending fund balance was decreasing. Commissioner Ellison inquired about the advaloreum tax being applied to the debt or administration fees. Chuck Knight replied those funds went to the general fund for operation of the facility to cover labor costs and utilities, cleaning of the building. He noted that their grants and fund raisers also went into the general fund. He noted that NEAT had replaced the transportation so most of their costs was operational costs. Commissioner Ellison noted the cost savings upon geothermal could be applied to the maintenance costs. Chuck Knight stated that they had loss the United Way funding of $7, this year. Commissioner Russell noted that $192, PAGE 8

9 was generated by the 2 cent tax but the disbursements left $68, within that fund. Cash Minor believed there was between $150,000 to $ in disbursements. He acknowledged that there was remaining funds in that account. He noted several years ago there were requests totaling more than what the 2 cent tax generated. Commissioner Russell inquired about the funds accumulating. Cash Minor replied that the fund did accumulate and it was a special initiative fund. Commissioner Lloyd noted that they had budgeted $30, from the initiative fund. Cash Minor noted they had left that funding for maintenance but they had requested it be left there for further discussion. Commissioner Lloyd stated that he realized it was a one-time funding but it may last for several years. Chuck Knight felt they should anticipate between $15, to $20, and noted they may have to replace a refrigeration unit. MOTION: Commissioner Lloyd moved that they earmark the $30, for maintenance services for the Elko Senior Citizens Center. Commissioner Ellison seconded the motion for discussion. There was a discussion to earmark the $30, for all three senior citizens center. MOTION: Commissioner Lloyd amended his motion to earmark the $30, for maintenance services for the senior citizens centers located in Elko County. Commissioner Ellison seconded the amendment. The motion was passed unanimously. Commissioner Russell suggested that they prepare a preliminary budget for equipment replacement. Chuck Knight stated that the freezer compressor had already been replaced three times. He noted that Matt Trontell was also present and was a member of the Senior Citizen s Board. BLM IMPOUNDMENT OF CATTLE: Helen Hankins, BLM Elko Field Manager, gave a summary upon the recent BLM impoundment of cattle from the Te-Moak Livestock Association. She reviewed the use of the area by the three parties (permittees) for three years. She stated that several individuals turned their cattle out in the same allotments without permits. She stated that Raymond Yowell and Mr. Tybo had not had a permit for over eighteen years. Helen Hankins stated notices were served upon Mr. Yowell and Mr. Tybo that they were in trespass. She reported the notices gave them five days to reply. The trespass notices were mailed out on the May 8 th and the impoundment occurred on the 24 th of May. Helen Hankins stated that Mr. Yowell and Mr. Brady came into the BLM office two different times and the she personally advised them they were in trespass. Helen Hankins advised Mr. Yowell that BLM would prefer to come into resolution with the Te-Moak Livestock Association and asked him if he was willing to do that. She reported that Raymond Yowell s response was that you know my position. Helen Hankins stated several days later she met with Mr Brady again and indicated to him that BLM would like to resolve this. Mr. Brady stated to Helen Hankins that he did not think they would be able to resolve the matter. Helen Hankins stated that contractor rounded up the cattle between 5:00 a.m. and 5:30 a.m. on Friday and the owners were notified approximately 7:00 a.m. about the impoundment. PAGE 9

10 She stated the cows collected were identified by the brand inspector under State Law. She noted for the record that BLM were not the owners. She reported that the cattle were shipped to a holding facility in Palomino Valley. Helen Hankins stated there was personal service to the owners of livestock about the livestock sale. She reported the notices were delivered on Saturday and upon the following Tuesday the sale was performed. She stated that one individual was not served upon Saturday. She reported that there was a Temporary Restraining Order request filed and the District Court Judge ruled that the sale could proceed with the caveat that certain funds be deposited so if other issues came up under other proceedings. Helen Hankins stated the BLM proceeded with the sale based upon the Court Order. She reported that they picked the two highest bids for the three pens and the livestock was transported by the new owners within a few days of the sale. She stated that several individuals had utilized public lands between 1984 through the present (eighteen years) without a permit. She stated that the total amount of grazing fees and damages was in excess of 2 million dollars. Helen Hankins stated that for the individuals that had actually trespassed was over $400, grazing fees that should have been paid by these individuals. She reported that there were numerous notices sent to the individuals. She noted that the individuals maintained the position that these were Shoshone Lands and therefore they were not required to get the grazing permits. Helen Hankins noted there was a 1985 Supreme Court decision. She stated the Indian Claims Commission was established in the 1940's to review the Indian claims, and to recommend monetary compensation for the wrongs. She reported that the Indian Claims Commission had recommended that they be paid 26 million dollars and that money was deposited in 1979 in an account with the U.S. Treasury Department. Helen Hankins noted that process was incorporated within the Court case US vs. the Dann Sisters which was decided in She stated that upon payment of those moneys to the US Treasury, the aboriginal tribal title to the lands for the Shoshone Nation had been extinguished. She stated that due to that 1985 Court decision the government believed it was public lands rather than Shoshone lands. Helen Hankins noted that they concur those lands were the ancestral homelands for the western Shoshone people. She stated some believe that when the South Fork Reservation was created or added to in the 1940's the grazing rights were given to the reservation together with the private lands. Helen Hankins noted that when people sell private land they can only sell what they own. She stated that the private land owners did not own the grazing rights upon public lands that they could sell. She reported they had spoken with the Bureau of Indian Affairs, locally, the regional BIA office in Phoenix, Arizona and the Bureau of Indian Affairs solicitor in Washington D.C. She stated that nowhere in their reviews had they found any indication that grazing rights on the public lands went with the private land that was transferred to the reservation in the early 1940's. Helen Hankins stated that it was their belief, based upon their research, that the Shoshone do not have grazing rights upon public land except under the Taylor Grazing Act which was how the current permittee was utilizing the public lands adjacent to the reservation. Helen Hankins stated they had not planned this impoundment at this time of the year. She noted they had been in the process of developing an impoundment for the Dann sisters which had 2,000 PAGE 10

11 head of livestock currently upon public lands. She stated that their previous permit supported 200 head. Helen Hankins stated that they had conduced a field trip to the area in April with their counsel who suggested that if the BLM could not work out a resolution with the owners then the BLM proceed according to their regulations. She noted their plans were changed after the 6 th of May, when two individuals turned out upon another permittee s allotment. She stated they had to perform a specific process when they perform an impoundment and have to follow specific procedures. Commissioner Ellison inquired about the cash settlement voted upon recently was the final cash settlement. Helen Hankins stated that was a BIA issue but she understood that the funding available in the US Treasury in the amount of 105 million dollars took an act of Congress to distribute the funding. She stated that Senator Reid had requested the Native Americans to vote as to whether they wished to accept the money before it went to Congress. Helen Hankins noted that 95% of the Shoshone wished to accept the funding. Commissioner Ellison inquired about a letter from the Cattlemen s Association to Helen Hankins with regards to being fair and equitable and inquired if that would be one of the reasons that BLM took this stand. Helen Hankins stated that was one of the reasons and noted the criticism received upon the trespassing over the last several years happening in Northern Nevada. She reported that the officers of the Nevada Cattlemen s Association had stated the livestock industry believed that the people who utilize the public lands should pay the grazing fees. Commissioner Russell inquired if any other rights such as the water rights would accrue if that person stopped paying their grazing fees. He inquired if Raymond Yowell was utilizing BLM water. Helen Hankins stated she did not know about that allotment water rights because that was under the purview of the State Water Engineer. Commissioner Nannini noted there was a Native American that had the permit on the allotment and another Native American had placed his cattle upon the other native American s allotment. He believed the BLM had treated them equally and the BLM had to do their job. Commissioner Roberts noted that several times they had been sent a notice of intent. He stated that if the cattle had been removed by the owners, then it could have become an issue for the courts. Helen Hankins noted that if they had removed their cattle from public lands, there would not have been an impoundment. Commissioner Roberts noted that either party could have brought a complaint into the court for resolution and they could have had the opportunity to argue their point. Helen Hankins clarified they had a grazing permittee that paid for three years and then another individual turned their cattle in the same pasture. She reported that there were too many cattle in the pasture, and there was a potential of diseases to be transmitted. She noted the length of court time due to the appeal process. Commissioner Roberts noted the livestock owners could have had a Court injunction rather than taking the risk of losing their livelihood. Helen Hankins noted they had taken the BLM to court but they had not prevailed against the BLM. Commissioner Lloyd inquired about the percentage of permitees that did pay and did not pay. Helen Hankins replied that there were approximately 700 who had grazing permits but only 4 or 5 that did not pay their grazing fees. Helen Hankins stated there were two groups the Te-Moak and the Dann sisters. She reported that there was a smaller group of the Te-Moak that were in PAGE 11

12 trespass last week but had removed their cattle and want to come in and discuss it with the BLM. Helen Hankins hoped that both the Te-Moak and Danns come in to discuss this with the BLM. Commissioner Ellison stated in April they had discussed the Crescent Valley area and the overgrazing. He noted that they were encroaching upon the other ranchers that shared the grazing allotment. Commissioner Roberts noted he had viewed that area also and agreed that the range was in bad shape in that region. Chairman Roberts called a recess at 3:35 p.m. and reconvened the meeting at 3:45 p.m. Commissioner Roberts called the Jackpot Town Board to order at 3:45 and the Montello Town Board to order at 3:55 p.m. The regular meeting was reconvened at 4:05 p.m. JARBIDGE FIRE STATION: Commissioner Nannini inquired about the progress upon the Jarbidge Fire station. Lynn Forsberg stated Mr. J.D. Long had suggested they go with the new location rather than work with the Creechleys upon the other building. JOINT MEETING OF THE CARLIN CITY COUNCIL AND THE ELKO COUNTY BOARD OF COMMISSIONERS FOR THE PURPOSE OF ESTABLISHING A COMBINED TAX RATE THAT CONFORMS TO THE STATUTORY LIMIT: In accordance with NRS , the Board conducted a meeting of the Carlin City Council and the Elko County Board of Commissioners to explore areas of mutual concern so as to agree upon a combined tax rate that did not exceed the statutory limit. The Carlin City Council was called to order at 4:07 p.m. and it was noted there was a quorum present. Cash Minor stated there was an overlapping tax rate with the City of Carlin which exceeded the $3.64. He stated that the purpose of this meeting was for the Board of County Commissioners and the Carlin City Council to resolve the overlapping tax issue. If it was not resolved it would go to the State Tax Commission who would meet at the end of the month. Cash Minor suggested that the County aid the City of Carlin with street projects in the amount of $10, and Carlin would lower their tax rate. Commissioner Roberts inquired if that proposal was acceptable with the City of Carlin if the County gave them grant in aid. MOTION: Commissioner Nannini moved to give grant in aid to Carlin in the amount of $10, to allow the City of Carlin to reduce their tax rate so that it would come in under the tax rate of $3.64. Commissioner Russell seconded the motion. The motion was passed unanimously. Carlin City Councilwoman Ruth Hart moved to set their tax rate at Carlin City Councilwoman Marie Bingham seconded the motion. The motion was passed unanimously. Cash Minor noted that the Clerk s Office would submit the decision to the State Department of Taxation and Carlin would submit an amended budget reflecting that reduction in the tax rate. PAGE 12

13 The Carlin City Council was adjourned at 4:10 p.m. FOURTH JUDICIAL DISTRICT COURT - DEPARTMENT II: Andrew Puccinelli requested an increase in salary for the Court Reporter position in District Court Department II for FY and noted the impact to the Court Reporter position in the Elko Justice Court. He noted that Lisa Manley had presented a packet of letters submitted by most of the attorneys in town which supported this salary increase. He understood Lisa Manley s salary was approximately $42,000 since He stated that if he took the bench in January he would continue with the court reporter rather than the tape recordings. He stated that if there were more than two attorneys, the tape did not differentiate who was speaking. He did not believe the transcripts from the tapes were accurate. He noted that Lisa Manley would stop the proceedings if one of the attorneys were not speaking loud enough in order to get the record straight. He stressed that the transcripts were very important in Court. He reviewed the numerous States that had returned to utilizing a court report rather than a tape recording system. He stated there were serious felony cases being overturned because there was no written transcripts for the appeal process. He requested that they increase Ms. Manley s salary to $55, He understood that she received retirement and medical insurance but did not receive vacation or sick leave. Andrew Puccinelli also requested $5, to update her software in her transcriber. He stated they had preformed a survey upon court reporter salaries within the State. He noted that Las Vegas had 30 court reporters which some made in excess of $100, each. He stated some court reporters job share and make in excess of $50, He noted that Reno contracted with court reporters and they earn more than $70,000 per year. Andrew Puccinelli stated Carson City also utilized contract court reporters. He stated that the Third Judicial District Court (Lyon and Churchill counties) utilize three contract reporters and earn $50,000 who were working three days a week. He stated that the Fifth Judicial District (Nye, Mineral and Esmeralda counties) earn $60, and they receive supplies, sick leave and vacation leave. Andrew Puccinelli stated in the Sixth Judicial District (Lander, Humboldt and Pershing counties) they paid two official court reporters $69,700 inclusive of supplies, sick leave, vacation leave and their continuing education paid for. He stated that Court reporters had to take 10 hours of continuing education every year to maintain their license in the State of Nevada. Andrew Puccinelli stated in the Seventh Judicial District, (White Pine, Lincoln, and Eureka counties), the court reporters earn approximately $55,000 to $60,000 together with sick leave and vacation leave. He noted that Lisa Manley had worked here for 16 years. Andrew Puccinelli stressed that they had to have a court reporter specifically for murder trials. He reiterated that the audio recordings were not reliable. He stated that Court Reporters now have 20 days to get a rough transcript up to the Supreme Court. Andrew Puccinelli questioned where they would put a tape recording system within District Court II due to the size of the courtroom. He felt $55,000 was less than the other court reporters around the State but Lisa Manley was willing to accept that amount to remain in Elko. Commissioner Roberts inquired if Lisa Manley had been offered another job or if they PAGE 13

14 were getting ready to convert from a tape recording system. Andrew Puccinelli replied that Lisa Manley had been offered more money elsewhere. Commissioner Roberts inquired if under the Court budget, supplies were provided to the Court Reporter. Cash Minor stated he could not comment upon that at this time. Cash Minor stated that Judge Ames had previously mentioned the salary issue for the court reporter position but he did not request it so it was not brought forward. He stated after the Commissioner s May 20 th meeting wherein the budget was adopted, Judge Ames requested of Cash Minor to adjust the budget to reflect the salary increase to $55, Cash Minor had informed Judge Ames that he would place it upon the meeting agenda for the Board to address the issue. He noted that there were two court reporters within the County so when they address this issue they must consider the court reporter in the Justice Court. Commissioner Lloyd noted this was not addressed during the budget process and inquired where would they get the funding. Commissioner Roberts noted there was only funding in contingency. Andrew Puccinelli noted that when he took office all the in-custody hearings would be held at the new jail courtroom so it would eliminate the cost of jail transportation. He stated that he would perform his arraignments and sentencing there to save them the costs of the transportation. Andrew Puccinelli stated that Lisa Manley performed an excellent job. Commissioner Nannini stated that they did not question her qualifications but this request had came in after the budget process. He noted if they gave the increase to Lisa Manley then they would have to give the increase to the Justice Court reporter also. Liz Watson, Elko Justice Court, stated that the court reporters were interchangeable and felt that both reporters should be treated the same and receive the same salary. Commissioner Roberts inquired if they could set aside so much this year and address the remainder within next year s budget. Commissioner Ellison inquired about the funding for furniture set aside for the new Judge. Cash Minor noted there was no funding set aside for furniture. Commissioner Ellison inquired about utilizing the funding for the holding cells. Commissioner Roberts noted they had to utilize the money from the bond for the holding cells. He stated they would still have jury trials in the Courthouse and would need the holding cells. Commissioner Russell inquired about the longevity for payment of this. Liz Watson noted they both came to work about the same time, Kathy began in January of 1988, and Lisa started in Andrew Puccinelli stated they would consider reducing the $5,000 for supplies. Commissioner Russell noted they were looking at $30,000 approximately for both reporters. Commissioner Roberts suggested $10,000 for each reporter now and the Board would review it after January. Lisa and Kathy both agreed to the $10,000 increase and have the Board review it again after the first of the year. MOTION: Commissioner Nannini moved to increase the salary $10, for the Court Reporters position in District Court Department II and the Justice Court for FY from the contingency fund. Commissioner Russell seconded the motion. The motion was passed unanimously. ELKO COUNTY COMMUNITY DEVELOPMENT: PAGE 14

15 Public Works: Lynn Forsberg requested approval to seek proposals for the purpose of Water System Monitoring to comply with the Safe Drinking Water Act for all water systems that Elko County was listed as the Water Purveyor. He stated he had problems tracking this within house and they had failed tests in three communities last year but did not have staff to keep track of it constantly. He stated they had one proposal at this time. Commissioner Roberts clarified that this would come from the water enterprise funds and received an affirmative response from Lynn Forsberg. MOTION: Commissioner Lloyd moved to go out for proposals for the water system monitoring to comply with the Safe Drinking Water Act for all water system that Elko County is listed as the Water Purveyor. Commissioner Ellison seconded the motion. The motion was passed unanimously. Lynn Forsberg requested approval to seek proposals for the purpose of Contract Maintenance for all water systems that Elko County was listed as the Water Purveyor. Commissioner Ellison noted that staff had performed that service previously. Lynn Forsberg stated that they did not have sufficient staff for maintenance of all the water systems. MOTION: Commissioner Nannini moved to go out for proposals for the purpose of Contract Maintenance for all water systems that Elko County is listed as the Water Purveyor. Commissioner Lloyd seconded the motion. Commissioner Ellison clarified that this would be an on-call basis strictly for repairs and Lynn Forsberg replied in the affirmative. The motion was passed unanimously. Community Development: Charles Voos requested approval to begin the process of disposal of land owned by Elko County located on Coal Mine Canyon Road. He stated they would be performing a record of survey and they would get approval from legal counsel before going to the planning commission. He noted they had bought two lots to put the road through and the south east side had the mail boxes and turn around would be retained. However, the parcel above that could be re-zoned and sold to recoup some of the costs. Commissioner Lloyd inquired if the County had filed for water rights upon the water well for the County and received an affirmative response. Charles Voos requested that they table this issue for one month. Commissioner Ellison inquired where the funding would go from the property sale. Charles Voos noted road department had purchased the land and trailer so those proceeds would go back to that road fund. TUSCARORA TAVERN: Charles Voos gave a status report on the Tuscarora Tavern Renovation Project. He noted they had approved the draft copy of the MOU at Tuscarora and he requested approval of the Memorandum of Understanding between the County Of Elko and the Friends of Tuscarora and Independence Valley, Inc., in conjunction with a Quit Claim PAGE 15

16 Deed for the Society Hall (Tuscarora Tavern). This transaction would allow the County to accept the $121,000 grant from the Nevada Cultural Affairs Department for the first phase of the building s restoration. He stated that after the MOU was signed the Quitclaim Deed would be signed and recorded. MOTION: Commissioner Nannini moved to approve the Memorandum of Understanding between the County Of Elko and the Friends of Tuscarora and Independence Valley, Inc. in conjunction with a Quit Claim Deed for the Society Hall (Tuscarora Tavern). Commissioner Ellison seconded the motion. The motion was passed unanimously. LIBRARY BOARD OF TRUSTEES/LAW LIBRARY BOARD OF TRUSTEES: David Ellefsen, Library Director, requested the Board to consider the appointment of two members, Heidi M. Thompson and Lynne Owens, to the Board of Trustees of the Elko County Library as recommended by the Library Board of Trustees. MOTION: Commissioner Russell moved to appoint Heidi M. Thompson and Lynne Owens to the Board of Trustees. Commissioner Ellison seconded the motion. The motion was passed unanimously. Other Library Board of Trustees matters as may apply and be subject to assignment to subsequent agendas for official action. David Ellefsen stated they held a special budget meeting yesterday wherein there were three motions: 1) they would transfer money from the branch fund in the amount of $10,000 to the 103 fund to insure that they do not begin the year in deficit; and 2) they would request a resolution upon the reduction of services and supplies of line items in the library budget. He stated that the library board voted to reduce library hours on Wednesdays and Thursdays evenings 2 hours, ( 9:00 a.m. to 6:00 p.m.) and during the summer only the library would be closed on Saturdays beginning June 8 th. The third motion was to transfer $ from library fund 114 to fund 103 for salaries and benefits. He stated the main reason for these action was because they must expended 10% of their budget upon materials to be eligible for State funding. Commissioner Roberts noted a court decision upon internet filtering and inquired about the internet filtering effect upon civil rights and would it effect the Elko library. David Ellefsen stated it would not effect them because they had filtered and unfiltered access and the parents must sign for the children. SAFETY COMMITTEE REPORT: Bill Webb reported there was no meeting held and there was an accident but they could not review it. ELKO COUNTY AMBULANCE SERVICE: Emergency Medical Service (EMS) Grants: Bill Webb reviewed the grant awards and the previous match for the Jackpot PAGE 16