STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. JANUARY 19, 2005

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1 STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. The Board of Elko County Commissioners met in a regular session on January 19, 2005 at 9:00 a.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko, Nevada. There were present: County Commissioners Charlie Myers, Chair John Ellison Warren Russell Sheri Eklund-Brown Mike Nannini County Manager Robert Stokes Deputy District Attorney Kristin McQueary Deputy County Clerk Marilyn Tipton Chief Financial Officer Cash Minor Public Works Dir. Lynn Forsberg Planning & Zoning Dir. Randy Brown Building Inspector Thomas Ingersoll Acting Library Director Laura Oki Road Supervisor Otis Tipton The proceedings were as follows: CALL TO ORDER: Chairman Myers called the meeting to order at 9:00 a.m. PLEDGE OF ALLEGIANCE: Commissioner Myers led the meeting participants in the Pledge of Allegiance. COMMENTS BY THE GENERAL PUBLIC: Gary Woodbury reported that the roof was leaking at the professional building and into the District Attorney s Office. He stated they were catching the water with buckets. He noted that when the trustees walked on the roof to shovel the snow off the roof leaked like rain on the back half of the offices. Gary Woodbury stated he had received a report that the remainder of the roof was soft and squishy. Therefore, he believed that the plywood was wet and deteriorating in the roof. He understood that Porter Roofing would be called in to address this issue. He commented that he could not hold meetings in his office because of the roof leaking. PAGE 1

2 Gary Woodbury stated that the walls and the carpet were wet. He understood that they did have a plan to have a temporary patch repair performed on that roof. Gary Woodbury stated that in the new crime area they have shown people that the ceiling was sagging which meant the sheet rock was coming loose. He stated that there were cracks appearing in the new crime area and also in the felony case worker s section. Gary Woodbury stated several years ago a portion of the ceiling fell down in the child support area. He cautioned that sheet rock was heavy and if a portion of that roof came down it would hurt someone. Gary Woodbury stated that they were on notice and if it came down and hurt someone seriously then there would be a considerable expense far beyond what it would cost to fix the roof. Gary Woodbury stressed that all the ceilings were sagging and it was sheet rock coming down. He stated that under law they were required to keep files for a specific period of time and there has been flooding in the filing storage section which was a perpetual problem. Gary Woodbury believed that there were similar problems in the storage area for the Public Health Nurses. He stated in the main section of the building there was a portion of the floor deteriorating and he believed it was due to water coming down the side of the building. Gary Woodbury believed that there may be structural problems in the felony crime section. He asked that they do something to repair the problem. Gary Woodbury stated he did not know what their long range plans were but his statements were on the record. Robert Stokes stated that a firm had did work on the storage room and it continued to leak. Commissioner Ellison noted that they previously discussed putting an A frame roof over that building. He felt that should be discussed during their budget session. Robert Stokes felt that may be intermediate planning but they needed to address the immediate needs. Commissioner Myers stated that they decided to recognize one of their fellow Commissioners. He stated on behalf of the board and the citizens of the County they presented Commissioner Ellison a neon green cricket wrangling T-shirt. CERTIFICATE OF APPRECIATION TO DALE WHITE MOTORS: The Board recognized Dale White Motors for their generous donation which would assist in the costs of renovation of the Old Elko Clinic Building to serve the medical needs of our Community. Commissioner Myers commented that they had received $95,000 from the mining community and various organizations had donated to this. MOTION: Commissioner Ellison moved to award a certificate of appreciation to Dale White Motors. Commissioner Nannini seconded the motion. The motion was passed unanimously. PAGE 2

3 Dale White stated when he read about the project getting started with the assistance of the mining community and it hit home. He stated that they had been residents for more than thirty-four years. Dale White stated that they have had their extended families stay with them in Elko and they had received medical care. He commented that their three sons, their families, and their employees thanked them for allowing them to be a part of this project. He thanked the Commission for making this project available to the community. Commissioner Myers noted that contributions like this was what made the clinic a reality. He stressed the importance of having such a clinic available for the county residents. He commented that Dale White had challenged the other businesses in the City of Elko and County of Elko. David Huckaby, President of Stewart Title Company, stated that last week he heard Commissioner Nannini s radio program talking about the challenge and the mining donations received. He stated that he had moved here ten years ago and had become good friends of Dale and Audrey White. David Huckaby stated he was here to join in their efforts on this project. David Huckaby handed a $ check to Dale White to join in his challenge to the other businesses. Dale White presented the $ check from Dave Huckaby to the County Commission. The Board members individually thanked Mr. & Mrs. White and Dave Huckaby for their generous donations. Commissioner Myers stated he would have Dave Huckaby back on the next meeting agenda to recognize Stewart Title s contribution correctly. David Huckaby replied that was not necessary. Commissioner Myers noted that there would be another $1, donation coming in because of Mr. & Mrs. White. He stated that business had asked to be anonymous for their donation. COMBINED VA / NEVADA HEALTH CLINIC PROPOSAL: There was a discussion of ongoing efforts to locate a combined VA / Nevada Health Clinic at the old Elko Medical Clinic facility to serve Veterans, Medicare, Medicaid and other patients. This was a partnership project with participants from Elko County, local Veterans, the Northeastern Nevada Regional Hospital, Great Basin College, the UNR Medical School Rural Outreach Department, Nevada Health Centers, Assemblyman John Carpenter and Nevada s Congressional Delegation and the private business sector. Commissioner Nannini stated that they were getting ready for construction. He stated that there was water damage in the basement portion and they would assess that damage. Commissioner Myers felt that there would be a tour next week to view the damage. Commissioner Nannini stated it would not affect their construction PAGE 3

4 project because it was not on the same level. Commissioner Nannini stated that they hoped to have that clinic operational in April or May. ELKO COUNTY LOBBYIST: The Board considered the appointment of a lobbyist to represent Elko County during the upcoming legislative session. Commissioner Nannini noted that they had a committee meeting and they chose Joseph Guild to represent them. Joe (Joseph) Guild stated he had practiced law in California 21 years and in Nevada he had practiced law for 23 years. He had previously lobbied the Nevada Legislature during his career. He pointed out that a list of his clients was included with his Resume. Joe Guild stated he had lived most of his life in rural Nevada. He had a residence in Reno and owned a small ranch in Mason Valley. He commented that both his father and his uncle were born and raised in Nevada. Joe Guild stated that he was the President of the Nevada Cattlemen s Association for two years. He was currently the Tax and Credit Chairman of the National Cattleman s Beef Association. Joe Guild stated that he was heavily involved in the tax reform. He was involved in the Washington politics also which should aid his representation of the County. Joe Guild stated he had spoken to Andrew List of NACO. He was aware of some of the issues that NACO would bring before the legislature. He believed that there were sixteen bill drafts approved by the NACO board and assumed that there was a consensus that those issues were also Elko issues. Joe Guild felt that Elko County had specific concerns such as the surplus sale tax formula change and the property tax cap. He stated that there was white paper published by an economic analysis group in Las Vegas, Hobbs, Ong and Associates that had specifically identified how a tax cap would affect each county within the State of Nevada. He felt they should review that paper. Joe Guild stated that he would be available 24 hours a day through his cellular phone or his blackberry for during the legislative session. He asked that the commission designate a single contact person. He suggested that they give Robert Stokes the authority to speak for them. Joe Guild stated then they could have one line of communication to eliminate fragmentation. Joe Guild stated he had never represented a County before but he had spoken to Andrew List. He believed that the individual County Commissioners could help him with the understanding of the various issues. Commissioner Russell stated he was confident of Joe Guild s representation. However, he saw a conflict with the Southern Nevada Water Authority on water issues. He asked how Joe Guild would address those water issues. Joe Guild PAGE 4

5 stated that if he identified a conflict, if the commission identified a conflict, or the District Attorney identified a conflict that he may have, then he would voluntarily bring it to the Commission. Joe Guild stated if there was a conflict then he would step away from any representation. He stated if there was a conflict with a client which he had for a longer time than Elko County, then he would recommend a replacement and would cease any compensation from that conflicted client, such as Elko County. He stated that if there was a certain amount of time on the contract remaining then he would not expect that payment. Joe Guild stated that with regards to the Southern Nevada Water Authority he had discussions with Assemblyman Carpenter, Senator Roads about that. He stated the SNWA had told him that they had no plans or design to apply for any water within Elko County. He stated that there were existing applications located in White Pine, Nye and in Lincoln County which the Southern Nevada Water Authority has obtained. He stated that the SNWA had two applications in Nye County with no long term future plans to go into that County for water. Joe Guild stated that there was an existing agreement with Lincoln County and the SNWA which shared the water sources in Lincoln County between the entities. He believed that the SNWA had approximately half of the water that they had applied for in their portfolio as a result of that agreement with Lincoln County. Joe Guild stated that half of that water was owned now by Lincoln County and those exchanges have been made. Joe Guild felt that there was sufficient water for the future development of Lincoln County. He stated that the agreement contemplated that any infrastructure that the SNWA would build would remain for the use of Lincoln County and be shared for the use of Lincoln County and the SNWA. Joe Guild stated that the SNWA would help Lincoln County to build any extra infrastructure that the County may need to help with the future water development needs. Joe Guild stated the intention was to enter into the same type of agreement with White Pine County as they had with Lincoln County. He noted that there was a new White Pine County Commission in place and they were working through the agreement with White Pine County. He stated that they hoped to avoid an adversarial battle before the State Water Engineer. Joe Guild stated there were concerns in rural Nevada about what the SNWA intentions were and what rural Nevada would look like, if the water went to Clark County. Joe Guild stated he was familiar with the water laws within the State of Nevada. He was confident of the Nevada water law and its protections and what exists for the prior water rights. Joe Guild felt the water law would take care of the existing water rights, and to protect them against subsequent users. Joe Guild felt there was valid concern in rural Nevada. Joe Guild stated he was hired by the SNWA to talk to people that he knew and tell them what they needed to do to work in partnership so that everyone could benefit in a relationship similar to what happened in Lincoln PAGE 5

6 County. He did not anticipate a conflict with the Southern Nevada Water Authority. Joe Guild felt that water would be a big issue in the next Legislative Session. He predicted that the big users in the State such as the mining companies, the Nevada Cattleman s Association, the Counties, the SNWA, TMWA, the Newlands Reclamation Project, the Walker River District would come together and in a unanimous situation would agree on where the water law should be changed. Joe Guild stated he would argue that the water law should not be changed. Robert Stokes stated that he had the opportunity to speak to Joe Guild about some of the County issues. He was comfortable with Joe s qualifications and believed that Joe would deal with the conflicts. He recommended that both he and Cash Minor be available to Joe Guild. Commissioner Ellison stated that he knew Joe Guild previously. He stated that he had spoken with Pete Goicoechea and Assemblyman John Carpenter with regards to the inspections on manufactured housing in the rural areas. He hoped that Joe could help them with that issue. Joe Guild stated that one of his clients was a mobile home owner s association. Joe Guild stated that he did not represent the State Department of Manufactured Housing in any way, shape or form. He had that mobile home owners association as a client for eighteen years and was familiar with that issue. Commissioner Eklund-Brown stated she had spoken to Senator Rhoads who felt that Joe was one of the most respected lobbyists within the State. She noted that the water issue was just one issue and Elko County had many other issues that they need representation on. Commissioner Myers stated that if they decide to appoint Joe Guild then his recommendation would be to make Mike Nannini the other contact if he could not contact Robert Stokes and Cash Minor. Commissioner Nannini volunteered to be the alternate contact for Joe Guild. Commissioner Nannini requested that Joe explain the discussion they had with regards to the monetary issues. Commissioner Nannini stated that they had previously discussed an amount between $25,000 and $30,000. He had previously asked Joe to defer that cost to the next budget session. Joe Guild agreed that they had discussed an amount between $25,000 and $30,000 and that would be a negotiation point. He felt that was a fair number for an eighteen-month contract beginning with this legislative session. Joe Guild stated that Commissioner Nannini explained the County s budget situation and there was nothing budgeted. Joe Guild stated that as long as his expenses were covered during the session, which would be about $2, then he would defer payment until the next fiscal year. He felt a fair way would be to prorate the monthly amount. Joe Guild stated that normally the bulk of the work was during the legislative session. He estimated that on July PAGE 6

7 1, 2005 the request to the Commissioner may be $9,000 for four months of legislative work. Joe Guild believed the costs may be around $1, during the non legislative months. Joe Guild commented that they were discussing going forth with an eighteen-month contract yet they were facing a legislative session in two weeks. He felt that in August of 2005 they should have their first legislative planning meeting for the 2007 legislative session so they would be prepared for that legislative session. He noted that he was looking at his representation as a long term relationship. He understood the County s financial situation. Commissioner Nannini clarified that the contract would be around $30,000 with $1,000 to $2,000 per month for expenses. Joe Guild stated it would be around $2,000 per month for expenses during the session. Joe Guild stated that he may have to come up here two times during this legislative session. Commissioner Nannini noted that the $30,000 was for an eighteen-month contract. MOTION: Commissioner Nannini moved to hire Joe Guild for the County s representative as their lobbyist for the upcoming legislative session under a 18-month contract. He moved that Robert Stokes and Cash Minor be the on line representatives and he would be the backup if Joe had to get a hold of somebody in a hurry. Commissioner Nannini stated that the amount will not exceed $25,000 to $30,000 and the total expenses of around $2,000 per month for expenses during this session. He moved that they work with Joe after the legislative session to get things a little more solid. Commissioner Russell seconded the motion. Commissioner Eklund-Brown asked that they solidify this agreement with a written contract. Commissioner Nannini clarified that Joe understood that he would be representing all of Elko County, which included Carlin, Wells, and Elko. Joe Guild stated he was very familiar with this County. He stated that his family has backpacked and hunted within the County when he was younger. Commissioner Myers stated that he assumed payment for this would be within the next fiscal year. Commissioner Nannini stated that assumption was correct. Commissioner Eklund-Brown commented that the board and staff were willing and able to come down to testify when needed. The motion was passed unanimously NEVADA LEGISLATIVE SESSION: The Board considered direction regarding the legislative issues from the 2005 Legislative Session affecting Elko County. Cash Minor stated they had previously spoken about sales tax issues, PAGE 7

8 property taxes, and multiple water issues. Cash Minor stated another item discussed were tax certificates whereby an owner could sell their property to a third party and they charge interest to the property owner. He stated that Caesar Salicchi had some concerns about that process. Cash Minor noted that the County had a high collection rate of 97% or 98% on delinquent taxes. He stated that there was an issue on the inspection of manufactured housing. Commissioner Eklund-Brown inquired about the China Spring issue. Cash Minor inquired if that legislation was going forward to modify the formula. Joe Guild inquired what the China Spring issue was. Commissioner Eklund-Brown noted that was the China Spring/Aurora Pines facility in Douglas County. She stated that originally the State was to pay 50% of the operational expenses. However, recently the State cut back that support to 30% and the 70% was shared by the different counties that utilize that facility. Commissioner Eklund-Brown noted that Family and Child Services was in agreement that the State support should be brought back to the percent application. She commented that Elko County wanted to opt out of that program, as they developed their own program. Cash Minor explained that it was an intermediate youth intervention program in Douglas County, and was the only facility at this point in time. He stated that the County was statutorily mandated to help fund that facility even if they don t send youth to participate in that program. Commissioner Ellison noted that there were two second amendment bills being proposed with regards to the State of Utah. Commissioner Myers asked that the board member make a list of the BDRs they were concerned with. Joe Guild stated he would hold a discussion with Andrew List early next week to get a briefing about what NACO was doing. He suggested that after a couple of weeks into the session he could come back and give them a report on what the road map looks like this session. Joe Guild believed it would give him sufficient time to come up with a political assessment. Commissioner Ellison noted that there was an NACO board meeting scheduled next month in February. Commissioner Myers felt that the unfunded mandates would be the major issue this session. Commissioner Russell stated that the County was impacted by economic conditions incurred by the mining, the gaming, and the agricultural industries. He stated the County was in strong support of these industries. He stated that the County was willing to work with other groups in support of these industries. Commissioner Nannini asked Joe to solve the South Canyon issue. Joe Guild stated he hiked up South Canyon several times before that controversy hit. ELKO COUNTY PLANNING, ZONING, BUILDING AND SAFETY: The Board considered approval of budgeted continuing education training expenses for Building Department personnel. PAGE 8

9 Cash Minor noted this was a budgeted training session and felt it should have been submitted within the claims. Commissioner Myers felt that the County Manager could approve these types of items rather than having them upon the agenda. The Board considered approval of temporary employment in the Building Department. Thomas Ingersoll stated that PERS had approved this for a maximum of thirty days or hours. Commissioner Eklund-Brown inquired if they could bring him back if they needed him. Tom Ingersoll replied in the affirmative. MOTION: Commissioner Russell moved to approve the temporary employment of Dennis Petersen. Commissioner Ellison seconded the motion. Commissioner Ellison inquired if the money was in the building department. Cash Minor stated he had not researched that but there was money budgeted for contract wages. The motion was passed unanimously. WELLS FAMILY RESOURCE AND CULTURAL CENTER: The Board considered a request for financial assistance to address an ongoing decrease in funding revenues for the Wells Family Resource and Cultural Center. Jay Eriksen, Chairman of the Wells Family Resource Center s Board, reported that center was started in He became involved with the center five years ago. Jay Eriksen stated they were experiencing budget cuts locally and statewide. He stated that three years ago they had built an 8,000 square building to offer services to the families in crisis. He reviewed their services performed for the families of the community. Commissioner Ellison noted that everyone had been contacted on the board. Cash Minor stated that the contingency was gone and the budgets were running at break-even. Commissioner Ellison inquired about the election fund rental monies. Cash Minor reported that what money was left would not cover the overruns from the election. Robert Stokes asked what number they were asking for now. Commissioner Nannini stated they were seeking $20,000 but would be able to survive on $5,000 now, which would keep the doors open. Robert Stokes asked that Mrs. Moschetti tell them what they need to get through this current fiscal year. Cindy Moschetti, Director of the WFRC, submitted a copy of their budget for this year. She reported that they went into 2005 in a deficit. Cindy Moschetti stated that they had been seeking funds from the State. She reported that they were running with an $8,000 deficit. Cindy Moschetti stated that if they do not find funding for their basic operation expenses then their doors would close. She noted that this PAGE 9

10 facility served people from Montello, Jackpot, ranches and Wells. Cindy Moschetti stated they provided child care services and was one of the two agencies within this County that provided that type of service. She stated that they also get people to the medical assistance. Commissioner Ellison voiced concern about getting involved in long term funding. Cindy Moschetti stated that they were only seeking funding to stabilize. Commissioner Eklund-Brown inquired where the majority of their funding came from. Cindy Moschetti replied through the Division of Child and Family Services under Title 4 B. She stated that the State had reduced some of their funding to the center. Commissioner Eklund-Brown inquired about their long term projection to make up the $37, Cindy Moschetti stated it would take approximately three to four years to make up that difference. Cindy Moschetti noted that since she had come on board she had attempted to maximize their services, and still operate within their budget. She noted that their programs were secure because Title 4b funding was sufficient enough to pay the staff. She noted that the Family Resource Center offered payment to staff. Cindy Moschetti stated the main issue was payment for operations. She noted only 8% of the Family Resource Funding was allowed to be applied to the operational expenses. Commissioner Eklund-Brown voiced concern that if the Commission helped them out then Elko would immediately come to them. She stated this may set a precedence. She did not believe they could fund them long-term. Cindy Moschetti stated that they wanted to stabilize the program. They wanted to come up with a format to meet the operational expenses and were not asking for continuous funding. Commissioner Eklund-Brown clarified that through management practices they would address the deficit. Cindy Moschetti stated that was correct and noted that they were going up against communities such as Las Vegas and Washoe County. Cash Minor stated the $5,000 may cause an over expenditure situations at the end of the fiscal year. Commissioner Ellison felt that they could consider it in the future budget. Cash Minor stated that he could not think of any definitive place that he could take these funds from. Commissioner Myers wanted to help the family resource center but questioned what the impact may be to the budget. He recommended that it come back to the board. Commissioner Ellison stated they could make a motion to approve the $5,000 only if Cash Minor could find it. Cash Minor stated he would like to review this with the Chairman, Vice Chair and the County Manager. Jolene Supp, Wells City Manager, stated they met a week ago and had a work session with the family resource center. She stated they were looking at budgeted contingency money currently around $4,000. She stated that the extension of administrative services may assist the center as well as with the utilities. She stated that the family resource center was viable and fitted into their development plan. PAGE 10

11 Jolene Supp commented that the merchants and mining were backing the VA center here in Elko. She noted that through their future business they may receive similar backing. She stated that they could perform some structural changes to save on the utilities. She felt that the city could take off part of the administrative burden. Jolene Supp stated that the janitorial work could be performed under the City contract. She believed that their internet services could be addressed through the senior center also. Jolene Supp noted that the City of Wells had applied for an EDA grant to continue their industrial area development and there had been a survey performed. She commented that the survey showed unemployment at 10.11% with unemployment at 10.7% in the Indian Colony. She noted the federal average to receive those EDA funds was at the rate of 6% so they qualified for grants. She commented that all the development in that industrial center would not help if they did not have a work force. She noted that the Family Resource Center provided services for child care. She believed that those social services would strengthen their work force plan. Commissioner Russell commented that several organizations were very admirable in their services and activities but was concerned that those organizations were built on the base of governmental grants. He was concerned that those organizations/agencies were not built on consistent funding for operating expenses within the community. He believed that this may set a precedence for other similar organizations to come in. He stated that he, Cash Minor, and Joe Aguirre had recently attended a meeting in Las Vegas and there would be a shift in the federal government which would decrease the funding which came through grants. Commissioner Russell believed that there may be fewer government grants in the future for the local governmental operation. Commissioner Russell felt that there should be community-based resources. He voiced concern about becoming continually obligated for operating expenses. He praised them upon the services they had performed for their community. Cindy Moschetti stated that she understood the concern of it setting a precedence. She stated when an agency folds in an urban area they have other agencies to absorb those services to help those clients. However, in rural areas there were no other agencies to absorb the services that they provide. She noted that they were the only agency to get the people to Elko for them to get their primary services. MOTION: Commissioner Ellison moved that they direct Cash Minor to see if he could find $5,000, and if he does he should meet with the Chairman, Vice-Chairman and the County Manager. Commissioner Nannini seconded the motion. The motion PAGE 11

12 was passed unanimously. LIBRARY BOARD OF TRUSTEES/LAW LIBRARY BOARD OF TRUSTEES: Pursuant to Notice No , NOTICE TO BID YARDS OF COMMERCIAL GRADE CARPET INSTALLED AT THE ELKO COUNTY LIBRARY AND 760 FEET OF RUBBER BASE, bids were received and opened on January13, Pursuant to bid review and tabulation results, the Board considered awarding the bid to the lowest responsive/responsible bidder. Laura Oki submitted the written bid results as follows: Abbey Carpet $23,713.42; Bodily s Furniture $26,475.95; Desert Design Carpet One $26,198.33; Floor Coverings International $35, She recommended that the Board go with the lowest bid from Abbey Carpet in the amount of $23, Commissioner Myers inquired about the funding. Laura Oki replied the County was funding $15,000 and the library would meet it with $15, MOTION: Commissioner Nannini moved to purchase the carpet for the Elko Library and award the bid to Abbey Carpet in the amount of $23, Commissioner Russell seconded the motion. The motion was passed unanimously. STATE CONSOLIDATED SALES TAX DISTRIBUTION: The Board discussed the current consolidated sales tax distribution formula upon revenues received by the County. Robert Stokes noted that the entities met under the direction of Assemblyman John Carpenter. He stated it was decided that perhaps a subcommittee should meet. He stated that a subcommittee teleconference was scheduled for tomorrow morning to hopefully come up with a negotiated agreement. Robert Stokes stated that the City of Elko was present at this time. Curtis Calder, the Elko City Manager, stated that there would be a meeting at 3:00 p.m. tomorrow among all the entities. He stated that the City of Elko was pursuing a legislative remedy. He stated that they were also pursuing a negotiated remedy. He noted that Senator Rhoads was sponsoring their bill draft. Curtis Calder stated their strategy was an emergency bill submission at the beginning of the session. Curtis Calder stated that the bill would not be amended while going through the legislative process. He stated that the bill would only have two changes: 1) Counties with negative 5% growth would revert to the 1 PLUS formula previously in effect, 2) Counties with 70 million dollars in net proceeds from the mines over a five-year period would revert to the 1 PLUS formula. He stated that this bill draft would revert Elko County and other rural counties to the 1 PLUS formula. Curtis Calder believed that the 1 PLUS formula was a formula which took PAGE 12

13 out the spike and peaks and stabilized the distribution. He believed that the Interlocal Agreement was a viable remedy for Elko County as well as all the Incorporated Cities. He stated they were hopeful to get something accomplished at the legislature. He hoped that the County would support their legislative action. Curtis Calder stated that until they have a signed Interlocal Agreement that would be the only remedy. He felt that it was in the best interest for the County to support the City of Elko. Commissioner Ellison inquired if they had presented this to the Nevada League of Cities and asked them for their support. Curtis Calder stated at this point in time they had not contacted the Nevada League of Cities. He stated that their lobbyist had contacted several rural cities and counties. Curtis Calder stated that they did not want to change the 1PLUS distribution formula for everyone within the State of Nevada. He voiced concerns that there were five entities that needed to sign off on the Interlocal Agreement. Commissioner Myers noted that they had received a letter from Fernley. He stated that there was concern that if this was opened up then it may be an opportunity for Southern Nevada to obtain future monies. Curtis Calder stated that was why they wished to go through the emergency bill process so there would no be amendments. He stated secondly they would seek commitments from the leadership of the Assembly and the Senate that they would not support any amendments to the bill. Commissioner Nannini felt that their best opportunity was through an Interlocal Agreement. He stated that Douglas County would weight in on this issue if it went to the legislature. Commissioner Myers noted they could do the Interlocal Agreement but they took the chance of missing the legislative session. Commissioner Myers stated if nothing happened in the legislature then they would be back to where they were before. He stated that based upon the legislative counsel s comments anyone could back out of the agreement. Curtis Calder stated that they were pursuing the Interlocal Agreement. However, they were also taking this opportunity for a legislative change because they would not have an opportunity again for two years. Commissioner Eklund-Brown noted that in the future the other counties may be impacted. She felt that they should seek support from other counties that are mining economy related. Curtis Calder stated their intent was to get all the cities and the county on board to support the emergency bill draft. He stated that when the mines go away then that would affect the population distribution. Curtis Calder asked whether the County would support legislative efforts in addition to the Interlocal Agreement. Commissioner Myers noted that the Interlocal Agreement was their primary objective. Commissioner Eklund-Brown inquired if there was wording in the bill draft PAGE 13

14 that it would only involve mining based counties. She noted that the South had benefitted through their growth. Curtis Calder felt the wording that it would be based upon 70 million from mines over a five-year period would tie the 1 PLUS distribution formula to Elko, Eureka and Lander Counties. He stated that even Humboldt could come into the mix. He stated the other criteria would be the drop in the five-year population growth average. Curtis Calder stated that typically a County would grow but they have seen Elko County decline. He stated that decline in Elko County had hurt them because of the excise tax was going to other areas within the County which were not necessarily facing the growth impact. Commissioner Myers believed that Elko County was impacted the most through this distribution. He felt that the County should be taking the lead in all this process. He felt it was reasonable to support the City of Elko s position. Commissioner Nannini noted they have the community who was receiving the money and was willing to offer up some of those proceeds. He felt that before they take a stand they should do their homework to see if this legislation would go through. He would like to get some testimony from Assemblyman John Carpenter, Senator Rhoads or Mary Walker that this legislation was a possibility. He stated that if they get the Agreement signed then he felt it was the best option. Commissioner Myers questioned whether they had the time. He felt that it would make a difference whether or not the City of Elko had the County s support. Curtis Calder stated if they did not have county support on the bill draft then they did not feel it was fair for Senator Rhoads to try and push the bill through. Cash Minor asked that they agenda this after they have met with the other entities. He did not want to see the County jeopardize the negotiations by jumping on board to the legislative issue at this time. Curtis Calder felt that February 2 nd or 3 rd would be too late because their legislative strategy was an emergency bill submission on the opening day of legislature. Commissioner Myers suggested a motion that would support the position of the City if the outcome of Interlocal Agreement with the entities did not solve the problem. Commissioner Eklund-Brown was concerned because the Interlocal Agreements were only as good as the board and anyone could pull out at any time. She noted that they would be back in the same situation. She believed the Interlocal Agreement was a temporary fix but the legislative action would be very different. She noted that there were greater fluctuations with the mining industries which affected the population growth. She felt that the bill s riders were very specific to the rural counties. Commissioner Eklund-Brown stated she would support an Interlocal Agreement and pursuing legislative action. Commissioner Ellison cautioned that they could lose their window of opportunity at the legislature, and this was a serious situation. Commissioner Russell questioned how the support of this measure would PAGE 14

15 impact the ongoing Interlocal negotiations. Commissioner Nannini replied that he did not know. He stated they had indicated to West Wendover that the County was not involved in the process other than trying to work it out in an Interlocal Agreement. Commissioner Nannini stated Wendover legally received the money and was coming to the table. He stated Wendover was not at fault and they were unaware of the situation. He stated that West Wendover did not cause this to happen and had not reacted to this until informed. He cautioned that they should not alienate these people because they wanted to partner with these people. Commissioner Russell stated if they support the City of Elko in their legislative attempt then they may be jeopardizing negotiations with West Wendover and Jackpot. He believed that they may become antagonistic toward the County and the other cities. He felt it was a hazardous decision to dump the negotiations. Commissioner Nannini felt that making the decision at the next meeting would be proper. He stated then Wendover would have made their decision whether they wanted to work together. Commissioner Eklund-Brown noted that they were asking for fair distribution and Wendover and Jackpot would still get a larger distribution. She believed that Jackpot and West Wendover saw the situation as unfair to the other cities. Curtis Calder stated the City of Elko intends to in good faith negotiate an Interlocal Agreement. He stated that they would not agree to an agreement that was unfair. He stated they represented more than 17,000 citizens in the City of Elko. He stated that they have two large projects planned but as it stands now all the sales tax revenue would go to West Wendover and Jackpot. Therefore, the City of Elko would have to defer their development projects. He felt that by supporting the legislative efforts they would not abandon the negotiation process. Commissioner Myers noted the Interlocal Agreement was only a short time fix. He stated that the economic growth may be in Elko but there would be no increase in population. He stated the Interlocal Agreement would not solve the problem but it would be a short term fix. Commissioner Ellison felt they should let the meeting go forward and give the authorization to the Chairman and Commissioner Nannini to make the decision. Curtis Calder stated that all the entities would be involved tomorrow meeting in the teleconference. Cash Minor noted to have a permanent fix to the situation then they would have to have a legislative change, and it may not happen until He cautioned that they should be prepared for it to go to the interim finance committee and come back in Jolene Supp stated that this was a lose-lose deal for everyone involved. She believed that she had heard at the taxation meeting held over a week ago the Mayor of West Wendover asked if there would be an impetus to go forward with this legislation. She believed that if you go forward with this legislation then Wendover PAGE 15

16 may not wish to go forward with negotiations in good faith. Jolene Supp stated Wells did not get much under 1 PLUS, but would receive more if they have some growth and they become the two million dollar recipient next year. She noted that each entity was looking at this situation in a different perspective. Jolene Supp noted that it took money to manage growth. She stated that Wendover may not be in fat city due to the growth they were experiencing. She did not know how Wendover would react to the County considering a legislative fix. Commissioner Myers stated legislatively it was their money but commented that the money was generated elsewhere. Jolene Supp agreed that some of the money was generated elsewhere. Commissioner Myers felt that there was a great disparity. Jolene Supp believed that West Wendover could lobby that they could use the money. She noted that what the County had done with the hospital funds has been crucial for the County. She felt that Wendover may do the same thing and set up a similar fund. Commissioner Myers noted that the Mayor of Elko had mentioned at the meeting that they may proceed with the legislative process. Curtis Calder stated that the City Council would meet next Tuesday but all indications were they would pursue it until they knew an Interlocal Agreement would work. He stated West Wendover would not get the money forever. Curtis Calder stated that if they look at the numbers the City of Elko was slightly under in population and their assessed value may put them into the distribution formula. He questioned if that would be the same for the other entities. Curtis Calder stated the City of Elko wanted to look at it long term and take out the spikes which would make it fair for everyone. He stated some of the communities would not be growing but they would still receive a share of the excess taxes. Commissioner Myers noted the Super Wal-Mart and Home Depot would have an impact on Elko. He stated that the biggest loser would be the County and the communities would continue to draw that excess. Cash Minor stated ironically in looking at the background of how this consolidated tax formula was figured, the County s population was not segregated into the unincorporated County. He stated that they get total County population. Commissioner Myers noted that next year the City of Elko may grow and the County would still not gain anything. Commissioner Eklund-Brown noted that it had not gone to the City Council for their approval. She was not opposed to legislation but wanted to see how the City Council voted. She liked the idea of consistent funding rather than the highs and lows. Commissioner Myers suggested that they hold a special meeting on the 26 th of January. Commissioner Nannini stated he could not meet on the 26 th of January. Curtis Calder stated that logistics dictated it be submitted to the lobbyist prior to the legislative session beginning. PAGE 16

17 Commissioner Russell supported a long term solution through legislation but they need to deal with each city to reconcile them to a mutual process or formula. He felt that the Board should be conciliatory to each one of the communities needs. Commissioner Russell asked that they defer any action until they hold another meeting. Commissioner Nannini stated that they could have another meeting on the 26 th and the Board could act on the 2 nd of February. He inquired if Mary Walker would need to know before the 7 th of February. He stated that if they vote in favor on the 2 nd of February, then could add the County s name on the legislation. MOTION: Commissioner Eklund-Brown moved to table this to the February 2 nd after the Elko City Council had an opportunity to review this and the communities had a chance to meet for an Interlocal Agreement and bring back all those decisions back before the Commission on February 2, Commissioner Nannini seconded the motion. The motion was passed unanimously. Chairman Myers called a recess at 11:12 a.m., and reconvened the meeting at 11:19 a.m. ELKO COUNTY TREASURER: The Board considered the approval of a public tax delinquency sale on the internet. Caesar Salicchi stated that this Internet sale would begin the end of February and continue through the first two days of March. He stated Robert Stokes had provided a list from Otis for parcels that should be taken off the list. MOTION: Commissioner Ellison moved to approve the public tax delinquency sale on the internet. Commissioner Nannini seconded the motion. Commissioner Ellison amended the motion to include with the exceptions of the ones that Caesar would take off for the Road Department. Commissioner Nannini seconded the amendment. The motion was passed unanimously. Caesar Salicchi stated that the net proceeds from these Internet sales were held in trust for two years COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG): The Board considered the confirmation of the ranking of CDBG grant applications for the 2005 Community Development Block Grant Program. PAGE 17

18 Elko County conducted hearings in which citizens could express their opinions regarding the types of projects that Elko County could submit for funding through the 2005 Community Development Block Grant Program. The Commission ranked three projects at the January 5, 2005 meeting. The projects in order of rank were as follows: 1. Midas Water System Tank Replacement Project; 2. Elko County Transloading Facility/ Industrial Park Feasibility Study; and 3. Mountain City Water & Sewer Systems Evaluation and Preliminary Engineering Report. Additionally, the Commission approved letters of support for the Elko Senior Center Geothermal Feasability Study and Preliminary Engineering Report sponsored by the City of Elko and the Rural Nevada Development Corporation ( RNDC) Housing Down Payment Assistance Program sponsored by White Pine County. Since the Midas Water System grant application was considered under an emergency circumstance, staff requested that the Commission confirm the ranking and selection of the CDBG grant applications to be submitted to the State 2005 Community Development Block Grant Program. Robert Stokes noted that County had approved these but noted that the Midas request had came in late. He stated they did receive a handwritten letter from Mel Basanez asking that the application on behalf of Mountain City be withdrawn. Robert Stokes noted that Mountain City had concerns with the small numbers of individuals on the system which may not be able to pay back any loans. Robert Stokes discussed this with Lynn Forsberg and he would look at this system to give him a better idea of where that system was at. He stated then Lynn Forsberg would bring back other options. Commissioner Nannini inquired if they had other grants to add. Robert Stokes stated the grant deadline was yesterday. Commissioner Eklund-Brown inquired why they would remove the Mountain City grant application. Lynn Forsberg stated that the USDA Rural Development found out that they were putting in for a Mountain City CDBG grant. He stated the USDA Rural Development wanted loan involvement in the project. He stated in discussing this with Mel Basanez they could not find a way to repay the loan with a declining population. Lynn Forsberg stated when the tank was put in 1999 there were twenty-nine users and now they have seventeen users. He stated they could not generate sufficient revenues to pay back on those loans. Lynn Forsberg reported that the majority of those people were living on a fixed income. He noted that Mel Basanez reported that there were only four people in town who had a job with which to pay for the system. Lynn Forsberg stated Mel was faced with the request from NDEP that they have a new facility plant in place Commissioner Eklund-Brown inquired why USDA would become involved in a CDBG grant. Lynn Forsberg replied that USDA always partnered with CDBG. Lynn Forsberg stated that the CDBG committee wanted them to be denied from other institutions to get PAGE 18

19 a CDBG grant. Lynn Forsberg noted that Midas maxed out last year with the USDA. He stated that set Midas up for a grant program. Commissioner Eklund-Brown inquired how Mountain City differed from Jarbidge or Montello. Lynn Forsberg stated it did not differ. He noted that Mountain City did not have debt. However, the problem was in the 2000 census Mountain City did not have a low to a moderate income survey. He stated they were doing an income survey presently. He stated that past census block went from the west side of US 93 at Jackpot all the way to the Humboldt County line. Lynn Forsberg noted that Mountain City was not pushed really hard right now to get their planning efforts in place. He voiced concern that the water was put in place in 1968 and some spring developments have failed once before. Lynn Forsberg stated there was one lift station which pumped under the river. He stated the sewer system was put in place in Commissioner Eklund- Brown inquired why they could not go forward. Lynn Forsberg replied that at the hearing there would be a discussion and USDA would state the community qualified for a loan, then Mountain City would fall out of CDBG grant funding. Commissioner Eklund-Brown noted that they did not have the ability to secure a loan. Lynn Forsberg stated that usually was not clear cut before the CDBG advisory board. He noted that the Senior Citizen grant failed last year because they had not looked at the renewable energy resource grants. Lynn Forsberg stated that Mel Basanez felt they had not looked at other options and would finish their income survey. Lynn Forsberg felt that they would come in good under the low to a moderate income survey. He stated they would discuss this with the other funding agencies to get letters of approval or denial before they resubmit the application. Commissioner Nannini inquired if there were any emergency funds at the State level. He noted they were able to get a water tank in Tuscarora under an emergency situation. Cash Minor noted there was no money left over in the Supplemental City/County Relief Fund. He stated that those funds no longer existed. Commissioner Ellison inquired if they could add the fire station. Lynn Forsberg stated that it was too late to submit another application. MOTION: Commissioner Ellison moved to approve the ranking of the 2005 Community Development Block Grant applications as follows: 1. Midas Water System Tank Replacement Project; 2. Elko County Transloading Facility/ Industrial Park Feasibility Study; and deleting 3. Mountain City Water & Sewer Systems Evaluation and Preliminary Engineering Report. Additionally, the Commission would send a letter of support for the Elko Senior Center Geothermal Feasability Study and Preliminary Engineering Report sponsored by the PAGE 19