STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. JANUARY 16, 2002

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1 STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. The Board of Elko County Commissioners meet in regular session on January 16, 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 District Attorney Gary Woodbury Deputy County Clerk Marilyn Tipton Chief Financial Officer Cash Minor Community Development Dir. Charles Voos Public Works Director Lynn Forsberg Road Supervisor Otis Tipton Elko County Sheriff Neil Harris Safety Coordinator Bill Webb --- The following proceedings were held: Commissioner Roberts called the regular meeting to order at 1:30 p.m. PLEDGE OF ALLEGIANCE: Chairman Roberts lead the meeting participants in the Pledge of Allegiance. PILOT VALLEY ROAD: Commissioner Roberts stated that he, Commissioner Nannini, Otis Tipton, and Robert Stokes met with representatives of the School District, Dr. Brown and Art Shaw, to discuss the Elko County School District bus services on the Pilot Valley Road. He reported that the School District stated they would run a school bus down Pilot Valley as quickly as they could work out the details. APPROVAL OF PRECEDING MINUTES: The Board considered approval of the preceding minutes for the meetings held on January 2, 2002: Board of County Commissioners, Jackpot Town Board, Montello Town Board, and for the meetings held on January 3, 2002: Board of County Commissioners, Board of County Highway Commissioners, and Elko County Liquor Board. Commissioner Roberts noted that there was correction of a misspelling of a name. MOTION: Commissioner Russell moved to approve the preceding minutes PAGE 1

2 for the meetings held on January 2, 2002: Board of County Commissioners, Jackpot Town Board, and the Montello Town Board. Commissioner Lloyd seconded the motion. The motion was passed unanimously. MOTION: Commissioner Ellison moved to approve the preceding minutes for the meetings held on January 3, 2002: Board of County Commissioners, Board of County Highway Commissioners, and Elko County Liquor Board. Commissioner Nannini seconded the motion. The motion was passed unanimously. COMMENTS BY THE GENERAL PUBLIC: There was no public comment submitted at the meeting. CORRESPONDENCE, ACKNOWLEDGMENTS AND NOTICES INCLUSIVE OF THE FOLLOWING ITEMS: Bureau of Land Management: Meeting agenda and notice for a joint White Pine, Lincoln, Nye County meeting scheduled for 0/17/02. U.S. Department of the Interior: News release dated 12/31/01 on the study examining the ability of rocks to transmit and store water. State of Nevada, Office of the Attorney General: Press Release dated 01/03/02 seeking nominations for the year 2002 Nevada Women s Role Model Awards State of Nevada Department of Public Safety, Division of Emergency Management: Memo dated 01/04/02 addressed to all Committee Members and All Hazards Mitigation Advisory Committee noting agenda for meeting scheduled for 01/17/02. Nevada Department of Transportation: Public Information Meeting notice for the statewide landscape and aesthetics master plan for Nevada state highways scheduled for 01/16/02 in Elko at the Chamber of Commerce. Dear Chairman Lloyd letter dated 12/19/01 presenting a copy of NDOT S Transportation System Projects Notebook for FY Nevada Dept of Conservation and Natural Resources, Division of Environmental Protection: Reclamation report received 01/07/02 for Newmont Gold Company including amendment to permit dated 12/17/01. Dear Mr. Elliott letter dated 01/03/02 regarding the report for the subsurface investigation of the former evaporation pond for the Wendover Range. Dear Mr. Elliott letter dated 01/03/02 regarding the no further response action request for the sodium cyanide drum site W02NV from the Hill Air Force base. PAGE 2

3 Dear Mr. Goodrich letter dated 01/03/02 noting reports on the finding of alleged violation and a consent agreement regarding a diesel fuel release at the Smith Mine fuel storage area. Dear Mr. Glab letter dated 01/03/02 regarding the renewal for the discharge permit for the Carlin Conservation Camp. Dear Mr. Elliott letter dated 01/03/02 regarding the no further response action request from Hill Air Force Base for disturbed area site W03NV. Nevada Dept of Conservation and Natural Resources, Division of State Lands: Elko County Commissioners letter dated 12/28/01 announcing the proposed sale of property by the Nevada Division of Wildlife at 1375 Mountain City Highway. Nevada Dept of Conservation and Natural Resources, Division of Water Resources: To the City of West Wendover correspondence dated 12/28/01 regarding subdivision review of Pueblo Village Condominiums. New applications report received 01/07/02 for the month of December Nevada Department of Agriculture: News Release dated 12/14/01 regarding the applications availability for the speciality crop grant program. Elko County District Attorney: Dear Bob (Goicoechea) letter dated 01/7/02 regarding the Elko County Sheriff s Posse and security at the Elko Regional Airport. Elko County Library and Law Library Board of Trustees: Notice of meeting scheduled for 01/10/02 regarding budget considerations. Elko County Fair Board: Meeting notice and agenda for 1/9/02. National Association of Counties: Meeting notice and agenda for the 01/11/02 meeting in Reno. Elko Convention & Visitors Authority: Dear ECVA Supporter letter dated 01/2001 presenting annual report for Downtown Business Association: The DBA Connection newsletter dated 12/2001. Meeting agenda for 01/02/02. Northeastern Nevada Stewardship Group: notice dated 01/03/02 noting NNSG meeting scheduled for 01/07/02. Public Lands News: Newsletter dated 11/23/01. Newsletter dated 12/07/01. Susan Perkins: Dear County Commissioners letter dated 12/27/01 regarding Pilot Valley Road on the condition of the road, as well as the traffic that both warrant improvements. Julie and Gene Buygen: dated 01/03/02 regarding the Buygen s opinion of the Pilot Valley Road and need for improvement. PAGE 3

4 Kelly Sun - On Behalf of the Nevada Falun Dafa Practitioners: Dear Honorable Commissioner Roberts letter dated 12/26/01 regarding treatment of practitioners of Falun Gong and requesting a resolution condemning the Chinese government s inhuman acts towards Falun Gong practitioners. Charter Communications: Dear Mr. Stokes letter dated 12/27/01 announcing price increases and channel changes for their services effective 02/01/02. Sharon (Sam) Feltman: Notice dated 12/31/01 regarding the meeting of the Bridging the Digital Divide with the award of the grant the committee has worked toward. COMMENTS BY THE BOARD AND STAFF REGARDING CORRESPONDENCE: Commissioner Roberts felt that ECEDA may be interested in agenda item Nevada Department of Agriculture: News Release dated 12/14/01 regarding the applications availability for the speciality crop grant program. Commissioner Ellison stated he had talked to Jim Gibbon s office regarding the funding for drought relief but it had not made the federal register. He stated that the Nevada Cattlemen s Association had spoken to him about putting that upon a federal register. He stated that involved 30 million dollars in funding. LAMOILLE COMMUNITY ISSUES: County Park Facility: Mildred McCarley, Lamoille Women s Club, requested assistance for a sprinkler system for the park inclusive of grant programs that may be available for such projects. She reported upon the club s participation with the watering of the Lamoille Park. She noted that the Honor Camp had aided the club with clearing the grove, making tables, installing bridges, and grills. She stated that the Juvenile division mowed the park. She reported that the club members had been watering the grove with hoses and sprinklers made by Otis Tipton everyday. She noted that they had previously requested county participation upon a sprinkler system. Mildred McCarley reported upon the numerous parties and organizations that utilize the grove for weddings and company parties. She suggested that the County charge a rental fee for the large groups that reserve the grove. She requested that the County allow the LWC to solicit funds for the sprinkler system, and to make an application for a USDA grant for the sprinkler system. Betty Vaughan stated she had lived adjacent to the grove for approximately four year, and there were seven of the club members who lived close to the grove. She understood that this was the only County owned park in the county and noted that the Lamoille Women s Club was taking care of it. She reported that there were wedding parties and company picnics where they restricted public use during those events. She suggested that the County charge a fee for rental of the grove. Betty Vaughan believed that the tourists and families should be able to utilize the grove without being charged a fee but she felt the County should charge rental for the bigger groups who occupy the entire park. She pointed out that the rental fees could pay for a sprinkler system or pay someone PAGE 4

5 to water the park. Commissioner Roberts clarified that the people that reserved the grove should pay the fee but not the casual user. Betty Vaughan agreed and suggested $50.00 for a minimum group fee but that was only a suggestion. She requested that the Lamoille Women s Club receive permission to solicit funds. Commissioner Russell noted he had spoken with Millie McCarley about this matter and they had discussed anything over 20 people should be charged a fee. He noted that this would allow small families or two families to get together and utilize the park but if there was over 20 to 25 people in a group then the fee structure would be initiated. Commissioner Lloyd suggested that they speak to the City of Elko to get an idea of the rates for the use of the park. Mildred McCarley noted that the County would be responsible for collecting the fees. Betty Vaughan inquired if this had been previously discussed. Commissioner Lloyd did not believe it had been discussed previously. Mildred McCarley stated she had spoken to George Boucher who did not like the suggestion. Commissioner Lloyd stated he was not aware of the number of groups that utilize the grove. Betty Vaughan noted that the County took the reservations for the grove and may already have that information. Robert Stokes noted they kept a calendar with a first-come-first serve policy, with the exception of the Lamoille Country Fair. He noted they did not keep the statistics because they had not previously charged the fees. Commissioner Ellison inquired about the pickup after the parties. Betty Vaughan noted that most of the parties were good to pick up after themselves but if not, then the local residents pick it up. Commissioner Roberts noted that the County was paying for the dumpster pickup, and inquired about the water fees. Commissioner Russell volunteered to work with the Lamoille Women s Club to establish a fee schedule and bring it back before the Board their recommendations for a fee structure. Commissioner Roberts noted that they were charged $ for the water. Mildred McCarley stated that they were paying for the club and the grove. Commissioner Nannini noted he had performed some research on the matter and reported that this park qualified for a grant because it was within 100 miles of a National Forest. He stated they had discussed putting in a well and an automatic sprinkler system in the park. Commissioner Lloyd questioned whether the State of Nevada would allow a well inside an established public water system. Commissioner Nannini noted that the park put an extra pressure upon the local water system. Commissioner Roberts noted there was an agricultural well located within that water system. Commissioner Nannini understood that if they had water rights they could change the point of diversion and put in a well. Mildred McCarley stated that the County did have water rights in the grove. Commissioner Nannini noted that the County had received a grant for the helipad in Jarbidge. He inquired of William Van Bruggen what the maximum amount for a grant was. William Van Bruggen, FS, noted the amount was $20, Commissioner Nannini noted that with that amount of money they could install a well and sprinkler system. He stated they would qualify for the grant due to the location and he would like to pursue that grant this spring. Commissioner Nannini did not believe that the time frame was too far off from receiving funding from the grant. He believed that they should put in a well to take away the pressure upon the Lamoille Water User s system. He believed that would eliminate solicitation for funding. He felt it would be hardship upon the Lamoille Women s PAGE 5

6 Club members to solicit for the funds. He believed the grant would resolve the problem and fund the sprinkler system and well. Commissioner Lloyd felt the rental fee was appropriate for the park s maintenance and sprinkler system operation. Commissioner Roberts suggested the County establish an enterprise fund due to the costs for the electrical costs for the sprinkler system, and the garbage disposal. Cash Minor stated that currently the park s maintenance was through the County recreation fund. If they decide to charge fees, then the County should consider segregating that from the recreational fund. William Van Bruggen FS, he stated there were two different grants available. He believed the NDF community grant, the Urban and Forestry grant was the most appropriate. He stated they could also apply for the Rural Community Assistance Grant which applied mostly to economic development and diversification. He noted that the City of Wells had received a couple of those grants last year. He stated last year one of the NDF grants went to Montello for trees for their park. William Van Bruggen stated he had spoken with the state-wide coordinator in Carson City about this project and she felt that it would meet the criteria for the grant. He reported that the coordinator would be in the area next week and would view the Lamoille grove next week. William Van Bruggen believed that the NDF should also look at the grove to make sure that the stand would be protected with what was being proposed. He stated they would receive notification upon that program in February and the grants went up to $5, He reported there was a 50/50 match upon that grant. William Van Bruggen stated that upon the Rural Community Assistance grant it had a 80/20 match. He stated that the projects were competitive and leaned towards economic diversification. He believed that if there was a better park in Lamoille it would attract more visitors and increase the economy locally. Commissioner Russell inquired about the dispute over a well being installed. He felt the well question should be resolved and then proceed upon the grant process. He believed they should pursue the exemption for the well. Betty Vaughan stated they have estimates upon the cost of installing a sprinkler system and submitted written copies of the pipe estimates from the Western Nevada Supply Company. Commissioner Russell stated they could go forward and apply for a grant for the well and sprinkler system but questioned what would happen if the well application was denied. Commissioner Nannini noted that water was available through the Lamoille Water User s system but felt they should go forward and pursue the drilling of the well. Mildred McCarley noted that Dean Alford of Converse Consultants had reviewed the water issues last night and could possibly answer that question. MOTION: Commissioner Nannini moved to apply for a grant application to do the whole system, and if they have to back off the well, then they will do it. Commissioner Ellison seconded the motion. Commissioner Russell inquired if the well was included in the motion. Commissioner Lloyd stated the motion stated they would go for a grant for the whole system. Commissioner Roberts felt that the well would be part of the sprinkler system because it would not be used for anything else. PAGE 6

7 Commissioner Nannini requested Lynn Forsberg to explain about the installation of a well in the park. Lynn Forsberg stated he was unaware of any discussion about a well in the grove, and had not researched that matter. He stated that they were in the limits of a public water system and it may be harder to acquire a well. Commissioner Roberts felt it would be easier if the Lamoille Water Users made a recommendation for the water well to relieve the demand upon the existing system. Lynn Forsberg stated they had similar requests from other communities throughout the years but it would have to be backed by the Lamoille water board. Commissioner Lloyd clarified that the motion was to apply for a grant. Commissioner Russell requested that the well be removed from the motion. He clarified that he was not against the well but felt the well dispute should be resolved. Commissioner Nanninni requested that the well be included in the grant request. Commissioner Russell noted that if they applied for a grant for the sprinkler system it would be approximately $10,000 but if they applied for a grant for a sprinkler system and a well it would be in the amount of $16,000. Commissioner Ellison felt that they should go for the entire system. The motion was passed unanimously. Commissioner Roberts stated that the Lamoille Women s Club had also requested permission to solicit for funds. He noted that William Van Bruggen had pointed out there would be matching funds required with both grants. Motion Commissioner Ellison moved to authorize the Lamoille Women s Club to solicit funds. Commissioner Russell seconded the motion. The motion was passed unanimously. Commissioner Lloyd suggested they may place a plaque in the grove listing the names of who donated to encourage more donations. Commissioner Roberts felt the County should look at charging a rental fee for the park maintenance. Commissioner Russell stated he would speak with the Lamoille Women s Club and come up with a suggested fee schedule. Mildred McCarley requested a sign over the garbage container in the park. She noted the damage to the park from the parties. She suggested a sign explaining that the parties were liable for damages. She noted that people had abused the use of the dumpster with dumping large limbs, etc. Commissioner Russell felt that they should have a contract form to be signed by the groups when they make the reservations for the grove to eliminate the damages to the grove. Charles Voos stated that they had the sign request but the signs had not been ordered yet. He stated that order for the signs would be placed next month. Mildred McCarley inquired about signs for inside the grove. Charles Voos stated those signs would be added to the sign list. Speed Limit Sign Request: Mildred McCarley requested a speed limit sign in Lamoille. She noted the speed of the traffic in the region of her house. She noted that there were a lot of people that walked within the Lamoille area. Commissioner Lloyd noted that signs would not slow anyone PAGE 7

8 down but suggested that they request an increase in the Sheriff s patrol. Mildred McCarley noted that she had suggested speed bumps but with grading they could not put in speed bumps. Commissioner Roberts stated they would speak with the Sheriff s Department. Commissioner Russell inquired about the number of signs. Mildred McCarley reported upon the various sign locations and she had spoken with the young man installing the signs about the height of the signs. She requested that there be an additional sign near the clubhouse. Otis Tipton stated that those signs where installed within the new regulations. He noted there was a problem with the installation of a sign by the women s clubhouse because of the snow removal. He reported that they had replaced four signs, two were by the park, and one sign on Country lane. He stated there was a snow removal problem in that area because the County did not have rights of way in some of those regions. Mildred McCarley informed him that the sign on Rose Hip had been knocked down. Otis Tipton stated he would view that area to see if that sign needed to be replaced. He stated that if they needed more signs to let him know. Commissioner Roberts recessed the regular meeting at 2:12 p.m., and called the Highway Department meeting to order at 2:13 p.m. Highway Chairman Roberts adjourned the highway meeting at 2:25 p.m. and as Chairman of the County Commission called the Jarbidge Town Board to order at 2:26 p.m. Commissioner Roberts called the Mountain City Town Board to order at 2:27 p.m., and adjourned the meeting at 2:29. Chairman Roberts reconvened the regular meeting at 2:30 p.m. TUSCARORA WATER DISTRICT: Lynn Forsberg stated there was a few items that needed to be repaired upon the new water tank by the contractor, W. R. Henderson. He stated they were not major problems. Commissioner Roberts inquired if both tanks were full. Lynn Forsberg noted that Jerry Johnson who maintained the generator on site was present at the meeting. Jerry Johnson reported that both tanks were presently 3/4 full but they were awaiting for a new battery for the generator. He stated Grant Smith would deliver a new battery. He stated that the town water system could run for about a month on those two tanks without running the generator. He noted the main issue was access to the system and he had been utilizing a snowmobile. He stated that the overflow pipe needed to be repaired. Robert Stokes discussed the correspondence received regarding water billing in Tuscarora. He noted that most of the letters received were from part-time residents. He noted he had sent copies of the May 23, 2000 minutes of the Tuscarora Commissioner meeting to the Board members. Robert Stokes stated that they had discussed penalties or charges for the disconnect upon the service and the burden placed upon the remaining users. He placed this upon the agenda to get the Board s recommendations. He noted that it was expensive to meet all the state and federal requirements and if they loose users it would make it more expensive for the remaining water users upon that system. Commissioner Roberts noted that the more people upon the system would lower the rates. PAGE 8

9 He stated it was the consensus of everybody at the May 23 rd meeting that they make the penalties so high it would discourage disconnection. Commissioner Lloyd noted that they have the same problem in Jarbidge. Cash Minor suggested they give him a dollar amount and he would bring back a Resolution before the Board. There was a discussion about the other communities re-connection rates. Commissioner Roberts noted that it was suggested $ for the re-connection fees. Commissioner Lloyd inquired about rates for the initial hookup. Commissioner Russell felt the issue was a moral issue. He noted there was a costly expense in installation, maintenance and availability of the water system and at such a significance, everyone that utilized the system had a part of ownership of those facilities and that should be a part of their responsibility. Dee McBride noted that the reason the part-time people were complaining was there had not been sufficient water in the past when they were there in the Summer. She noticed that the people appreciated the tanks, and the system improvements. She noted that Jerry Johnson had to travel by snowmobile in the winter to start the generator. She reviewed the previous costly repair and upgrade upon the generator and the pumps. Other water district matters: Dee McBride noted the expense to start the generator on a weekly expense. She felt that they needed to review Jerry Johnson s contract. She stated that he was being paid $50.00 per month which probably would not compensate him for the gas or equipment to get to the generator to maintain the water system. Lynn Forsberg noted that it took more time than in the past to maintain the generator. He stated that Jerry Johnson for the last few years had ran the generator or checked the system once a day, and noted the wear and tear upon the machinery together with the costs of gas. He believed the County should compensate Jerry Johnson more than what they had been. Commissioner Lloyd felt that if they installed the power line it would eliminate some of the maintenance issues. Lynn Forsberg reported that they had inquiries to purchase the solar equipment in the region. He inquired if they would consider selling that equipment. Lynn Forsberg stated that it would have to be declared excess property to be sold. Commissioner Roberts inquired if they were utilizing the solar equipment. Lynn Forsberg noted they were depending upon the generator, and suggested that the solar equipment be placed upon a future agenda. TUSCARORA COMMUNITY: There was no Tuscarora community matters of interest for discussion that may be subject to assignment to subsequent agendas for Board of County Commissioners action. MIDAS WATER DISTRICT: Midas Water Cooperative: Lynn Forsberg stated that he had received part of a CDBG grant application from the Midas community, which was requesting $130,000 for the hydro geological work. He stated that there was nothing in the application for a match. He stated normally the CDB&G committee wished to have a 10% match. Lynn Forsberg would speak with Mert PAGE 9

10 Mickelson, of the Midas Water Cooperative regarding the application and possible match. Commissioner Roberts inquired if the amount of water in the well had increased. Lynn Forsberg noted they had told him the well water was back up. He was concerned that they may be in a purged aquifer with a slow recharge. He noted that there had been several wells drilled in the region without good results. He had suggested to them to get professional engineering help. MIDAS COMMUNITY: There were no other Midas area matters for reporting that would be subject to assignment to subsequent agendas for Board of County Commissioners action. CITY OF ELKO AIRPORT: Cris Jensen, Airport Director, discussed the City of Elko Airport operations and the reduction of the Airport Tower operations due to the cost of increased security requirements inclusive of a possible interlocal agreement between Elko County and the City of Elko for Airport services. He stated that it appeared that the federal government, at some point, would reimburse them for the additional security costs. He reported that the application must be submitted to the FAA by January 18 th. He believed it would be a lengthy time until there was reimbursement. He felt that they would be willing to reimburse them for the money, if they would receive that federal aid. He believed that the City would commit to reimbursement of the County. Cris Jensen noted that there was a member of air access and med flight in attendance who may comment upon the importance of the control tower. Commissioner Nannini inquired about the final figure to keep the control tower operating for the two extra hours. Cris Jensen stated the exact figure was $3, per month. He stated, assuming they would be reimbursed by the federal government but did not know what level they would be reimbursed, and if it was in his power, the County would be reimbursed. Commissioner Russell inquired if the City of Elko would sign an interlocal agreement agreeing to repay the County of Elko if they were reimbursed by the federal government. Cris Jensen stated that maybe they could come up with a reimbursement, and if they were reimbursed 50% then they could pass on that 50% reimbursement. Commissioner Lloyd believed that they could not make a long term commitment and inquired if payment upon a monthly basis was sufficient. Cris Jensen stated that the employees could be notified and payment on a monthly basis would be sufficient. Commissioner Russell inquired if the City of Elko would be willing to sign an interlocal agreement to reimburse the County apportionate to the federal funding received. Charles Williams stated that he had not seen an interlocal agreement and hesitated to agree with a document he had not viewed. He believed that the City s intent was the interlocal agreement would be simplistic but that would be left to the legal counsel. He stated that the City would on a month to month basis appreciate monetary assistance. Charles Williams stated they could furnish the County with copies of the time cards for verification of what the monthly costs were. With regards to the federal aid and the airport budget, there would be a discussion upon terms. Charles Williams noted that the County PAGE 10

11 was offering a bridge of time to keep it open for the public, and if that reimbursement would not be available for six months or a year then they would have to further assess the situation. MOTION: Commissioner Nannini moved to assist the Elko Airport and the City of Elko at $3,000 per month and they review that on a monthly basis. He stated they could draw an interlocal agreement and he would like to be reimbursed for the County and he understood that this may not happen. He felt that they should spell it out where the money would come out of. Commissioner Ellison seconded the motion. Commissioner Ellison noted that the airport was a hub for Elko and felt it was a regional issue. He believed the County needed to help the airport. Commissioner Lloyd noted that the County did not share revenues upon the airport. Commissioner Roberts felt there should be a sunshine clause upon the payments in the local agreement because the County budget hearings started in March. He noted that the funding would come from the contingency fund and the remaining balance in that fund. He stressed that they should perform it upon a monthly basis and cautioned they may have to stop payments depending upon the budget. Cris Johnson stated he understood the County s financial position. Commissioner Russell noted that it had to be written in an interlocal agreement. Commissioner Roberts inquired if that was a request by legal counsel. Gary Woodbury stated they needed to decide who would draft the interlocal agreement and because of the lack of manpower currently it would be some time before he got to it. He suggested that it be more firm as to whether there would be a payback, when the $3,061 was to be paid and what constituted 50% or 100% of the reimbursement. He inquired who determined or how they determined who would receive the reimbursement, and he needed more clarification to draft the agreement. Commissioner Russell inquired if the interlocal agreement could be prepared by next meeting. Commissioner Nannini noted they needed the funding immediately. Gary Woodbury doubted that he could have the agreement drafted within the next two weeks. Commissioner Ellison inquired if the City of Elko could draft it. Cris Jensen stated the City would draft the agreement. Cash Minor stated contingency was the only available funds. The motion was passed unanimously. Commissioner Roberts inquired when they should start the payments. Commissioner Lloyd suggested February 1 st to be the first payment. Cris Jensen stated it would allow them to contact the employees and schedule the extra hours. MOTION: Commissioner Lloyd moved that they start this effective on February 1 st. Commissioner Nannini seconded the motion. The motion was passed unanimously. Commissioner Roberts recessed the meeting at 3:00 and reconvened the meeting at 3:06 p.m. SHERIFF'S DEPARTMENT: PAGE 11

12 Personnel Issues: Sheriff Harris requested approval of a temporary patrol sergeant position to fill in for a patrol sergeant that was currently on extended medical leave. He stated he had a sergeant who had been injured off duty and had been on leave. He stated that they needed a supervisor to cover that sergeant s shift because there was no relief sergeant. He reported that his Lieutenant was scheduled to have a shoulder operation who was the backup. He noted this would be $2.35 change between a sergeant s salary and a patrolman s salary and there was funding available in the budget. Commissioner Lloyd inquired if it would be temporary. Sheriff Harris stated he did not know how long that position would be needed and stated that by moving someone up that would relieve the pressure and give them more control over the situation. MOTION: Commissioner Nannini moved to approve a temporary patrol sergeant position to fill in for a patrol sergeant that was currently on extended medical leave. Commissioner Ellison seconded the motion. Robert Stokes requested clarification that if he brought up a patrolman to supervisor, would it leave a vacancy in his patrol officers. Sheriff Harris stated there were just moving someone up on a temporary basis and would continue to operate upon a shorthanded situation. The motion was passed unanimously. Sheriff Harris requested a temporary transfer of a POST certified employee in the animal control department to a detention officer position to fill an opening by an officer on workers compensation and approval of filling a temporary animal control position if the temporary detention officer position was approved. Sheriff Harris reported there was one individual female jailer injured last August on duty, and she had not received a release from the doctor. He would like to move his animal control officer who was post certified officer into the female jail deputy status. He had communications with the City and their part-time animal control officer would be interested in patrolling the County on a part-time basis. MOTION: Commissioner Russell moved to approve the request for a transfer of a POST certified employee in the animal control department to a detention officer position to fill an opening by an officer on workers compensation and approval of filling a temporary animal control position if the temporary detention officer position was approved. Commissioner Ellison seconded the motion. Commissioner Ellison inquired if there was sufficient funding in his budget and received an affirmative response. The motion was passed unanimously. Used Appliance Sale: Sheriff Harris requested that the Board consider approval of the sale of a used walkin refrigerator/freezer and various used kitchen items through an auction in accordance with N.R.S He stated there was no place to store these items during the winter PAGE 12

13 months. MOTION: Commissioner Lloyd moved to approve the sale of a used walk-in refrigerator/freezer and associated kitchen items through an auction in accordance with N.R.S Commissioner Nannini seconded the motion. The motion was passed unanimously. Sheriff Harris submitted a copy of the booking stats from 1999 to Commissioner Ellison inquired about work card renewals. Sheriff Harris noted that the top page referred to 1999 and the second page was He stated that there was a reduction in the Jackpot area. Sheriff Harris stated there were not a lot of work cards within the County. Commissioner Nannini noted a work card was good for four years. Sheriff Harris stated 101 work cards were issued in the Elko area with 4 renewals. ELKO COUNTY CLERK: Win Smith, Elko County Clerk, reviewed the previous discussion and the Board considered the reconfiguration of Elko County Commissioner District boundaries as required by law. Elko County Ordinance 2002-A: First Reading of Elko County Ordinance 2002-A entitled: AN ORDINANCE AMENDING TITLE 1, CHAPTER 5, SECTION 2, DEFINING FIVE ELECTION DISTRICTS IN THE COUNTY OF ELKO FOR THE ELECTION OF THE COMMISSIONERS TO THE WHEREBY EACH DISTRICT SHALL CONSIST OF APPROXIMATELY ONE-FIFTH OF THE ELKO COUNTY POPULATION DETERMINED BY THE 2000 DECENNIAL CENSUS. MOTION: Commissioner Lloyd moved to approve the first reading of the Elko County Ordinance 2002-A. Commissioner Nannini seconded the motion. Commissioner Russell noted he had the largest district, District V with the most population. The motion was passed unanimously. Amending Mountain City and Jarbidge Township Boundaries: Randy Brown discussed amending the Mountain City and Jarbidge Township boundaries and submitted maps depicting the existing townships. He stated there had been previous discussions about eliminating the Mountain City and Jarbidge Township and redistribute them to Elko and Jackpot. However, there was a segment of the Wells Township between the two districts of Mountain City and Jarbidge. He suggested either they take all of Mountain and Jarbidge Townships and redistribute them to Elko or bisect the district and give a portion to Wells because there was no continuous boundary. He stated another option was to realign the Jackpot Township boundaries, but there had to be a contiguous boundaries. Commissioner Nannini noted Jarbidge did not have many cases. Commissioner Roberts inquired if they had conferred with the Justices of the Peace upon this proposal. Randy Brown noted that the Jackpot and the Wells population figures were similar. He felt that if there was going to be an extension it should be to Jackpot because PAGE 13

14 the Wells Township was already large. He reviewed the boundaries of the Wells Township. He stated in most instances the voting precincts depicted the Township boundary lines. He stated there were landmarks along Highway 93 to establish township boundaries. Commissioner Lloyd inquired how it would effect them if they were placed in the Elko Township. Judge Phyllis Black noted that if they placed it in the Elko Township the officers would have to go from Elko to Jarbidge. She pointed out that currently the Mountain City officer had to travel to Jarbidge. Judge Phyllis Black believed that the difference would be in the Sheriff deputy s response time. Commissioner Ellison believed that Jarbidge should go to Jackpot because of the close proximity. Commissioner Nannini noted they would have to change the boundary lines. He inquired about the Sheriff deputies coverage. Randy Brown stated that would not effect the townships. Commissioner Russell noted that there were two issues, one issue was the redistribution of the cases. He noted that the other issue was convenience and access to the court. He believed that the more difficult task would be to put Jarbidge in Jackpot, and diminish slightly the Wells coverage which may satisfy the convenience but it may redistribute the case loads for the Courts which may effect the compensation to the Judges by those caseloads. Commissioner Ellison inquired if it would be easier to put Mountain City back into Elko and Jarbidge into Jackpot. Randy Brown agreed it would be easier but pointed out that the boundaries were not contiguous. He stated that he would have to realign the Jackpot boundaries unless they had Jackpot 1 and Jackpot 2 Township. Commissioner Nannini noted there was no usage in the Jarbidge township. Randy Brown noted that Mountain City was less accessible to Jarbidge than Jackpot. He pointed out that a citation could be mailed out. MOTION: Commissioner Lloyd moved to amend the Mountain City and Jarbidge Township boundaries into the Elko Township. Commissioner Nannini seconded the motion. Commissioner Nannini inquired if Judge Black would be effected. Judge Phyllis Black replied that there would be no effect to her township. Commissioner Ellison inquired if Wells Township would be effected. Commissioner Nannini stated there would be no effect upon the Wells Township. The motion was passed unanimously. There was a discussion about the drafting of an Ordinance and the readings to be held with regards to this matter. Elko TV District issues: The Board considered the general Elko TV District issues inclusive of the current district boundaries. Randy Brown questioned what the district was doing and whether it was still necessary. However, taking the legal description out of the County Code, he discovered that it began in Eureka County. He could not find any history why it started in Eureka County and encompassed Elko. He noted that the Civic Auditorium Authority boundaries had began the same way in Eureka. Commissioner Ellison noted there was a letter from the Chamber of Commerce who had requested this to be tabled. Commissioner Roberts noted that if they suggested that the boundaries be expanded, then the Chamber had requested it be tabled. He noted that they were only attempting to PAGE 14

15 redefine the TV District boundaries wherein they would come under the jurisdiction of the Board which would be only in Elko County. He inquired if the fire district boundaries was utilized for the establishment of the TV district boundaries. Robert Stokes stated he had spoken with George Boucher and Stan Zunino and both of them felt it was some type of typo or the legal description be copies and that was why the boundaries were not correct. They had informed him that it was never the intent of the TV District that the district would go beyond the Elko County boundaries. Commissioner Ellison noted that the amount of money received upon ad valoreum and he would like to see justification for that tax collected. Randy Brown stated that he was informed the TV District was still in operation. Commissioner Lloyd inquired about redefinition of boundaries. Randy Brown stated that the boundaries would have to be redefined by Ordinance. He suggested that Randy Brown redefine the boundaries within the County. MOTION: Commissioner Lloyd moved that Randy Brown redefine the Elko TV District boundaries within Elko County. Commissioner Russell seconded the motion. Commissioner Ellison requested clarification upon the contents of the motion. Commissioner Nannini inquired about notification to the TV district. Randy Brown stated that Win Smith had spoken to their representatives. Gary Woodbury inquired if there was an indication of any Eureka County resident being assessed. Randy Brown stated that not to his knowledge. Cash Minor noted it was a general improvement district. He did not believe that the County could terminate their boundaries. Commissioner Nannini noted that previously they had attempted to expand the boundaries and he believed that there was a certain process that had to be followed. Stacy Sawyer of KRJC stated that in 1997 the TV District had attempted to expand their boundaries. Commissioner Ellison inquired about legislative action to change the district s boundaries. Randy Brown inquired if Eureka County people were being assessed the same as Elko County people if it was a general improvement district. He believed that the TV district boundaries was a mistake and noted that all three, the civic auditorium, the TV district and the fire district had been established with the same boundaries. He questioned whether it should encompass Eureka County. The motion was passed unanimously. ELKO COUNTY COMMUNITY DEVELOPMENT: Salt Lake Basin Sanitation District: Solid Waste Hauler Contract: The Board considered the request to rescind the decision made by the Board of Commissioners at the 01/02/2001 meeting in awarding the contract for a Solid Waste Hauler in the Salt Lake Basin Sanitation District inclusive of direction to go forward with the 01/02/2001 decision or re-bid the contract. Charles Voos noted he had submitted a memo upon the matter. Commissioner Nannini reviewed the contents of the memo and clarified that Charles Voos felt that he had handled this matter properly and they should stand with their previous decision. Charles Voos stated that with regards to the first advertisement he had followed NRS and believed PAGE 15

16 that the District Attorney would concur that they had followed the letter of the law. He stated that there was no time limit upon this because they estimated that the contract would be under $25, He stated that the contract should be less than $20,000 per year and they hoped for less than 24 hauls. Charles Voos noted that there was concern expressed upon the dumpster size and referred to his memo. He felt that concern was immaterial because they were looking at tonnage. He stated that the Elko landfill charged $34.00 per ton and the Southern Idaho landfill charged $22.50 per ton. He reported that Southern Idaho could haul two containers at the same time. He noted that Elko Sanitation could not haul two containers at the same time. Commissioner Russell felt that if the legal questions were answered he was satisfied that the County had handled the bid properly and believed that there was an unfair advantage for one contractor over another contractor if they re-bid it. Commissioner Ellison felt that the scope of the work was misleading and incorrect. He believed for the satisfaction for all parties, the bid should be rebid. MOTION: Commissioner Ellison moved that it goes to rebid and comes back to the Board. Commissioner Nannini seconded the motion. Commissioner Ellison voted aye. Commissioners Lloyd, Nannini, Russell and Roberts voted no. The motion was defeated. MOTION: Commissioner Russell moved to reaffirm the bid at it was awarded originally to the lowest, responsible bidder. Commissioner Nannini seconded the motion. Commissioners Russell, Nannini, Russell and Roberts voted aye. Commissioner Ellison voted no. The motion was passed by majority vote. ACCESS AIR AMBULANCE SERVICE: Jim Hutchens, of Access Air, discussed the financial stress that Access Air was experiencing due to not being reimbursed by Medicaid and indigent funds. He reported that they had installed housing and a new hangar at the airport in the amount of $195,000.00; the helicopter had cost 1.4 million dollars, and they had expended $200, in medical equipment purchases. He noted that due to their services the pilots, nurses and paramedics had moved into region. Jim Hutchens reported that they had recorded 367 emergency helicopter flights and 60 fixed wing transfer flights for a total of 427 flights. He stated that the first six months they averaged 14 flights per month, and for the same number of months in the second year they had logged 25 flights per month for an average of 22 flights per month for the year. Jim Hutchens stated they had supplied numerous classes in CPR and emergency medicine to the local EMTs. He stated they gave free membership to local law enforcement personnel. He reported they had applied for numerous grants, and they had received a $14,000 grant on behalf of the central dispatch center. He stated that due to numerous problems nationwide the insurance companies were having problems. He stated that the September 11 th event in New York had effected the insurance payments. He stated they were in deficit spending of $38,000 per month. He reviewed some of their outstanding receivables such as commercial helicopter insurance $4,444.00, $81,000 in medicaid, $327,000 in medicare, and indigents PAGE 16

17 $634, He stated currently they had $1,488,000 in uncollected bills. He noted they were in $700,000 in line of credit for personal loans. Jim Hutchens reported that they pay $5,000 per month for airplane insurance and $6,000 per month for helicopter insurance. He stated there would be a 100% increase in June on their insurance payments. He requested County participation and the hospital to help keep services available. Jim Hutchens noted they were looking to access the indigent funds from which they had not received any funding. He stated Assemblyman Carpenter was attempting to help on the medicaid side, and they had spoken to Congressman Gibbons office regarding medicare. Jim Hutchens stated he would meet the hospital next Wednesday about participation. He stated they would attempt to gather support upon legislation law exempting them upon the property tax on the helicopter. He stated there was no law that supported EMS. Commissioner Ellison inquired of Cash Minor about the indigent funding. Cash Minor noted that between the two funds, the general County welfare fund and the State mandated fund there was currently $130,000 that could be paid out and after that they would have to quit paying indigent billing until more money was received. Commissioner Nannini noted that for Access Air to access the indigent funds it was impossible. He stated that to access those funds they have to have an individual fill out the paper work. He noted there was no incentive for the indigent to fill out the paper work for payment to Access Air after they recovered. Commissioner Roberts inquired if that was according to NRS. Commissioner Nannini stated that was his understanding. He felt that there should be a way to gather the information which would allow Jim Hutchens to access those funds. He had spoken to Cash Minor about their staff going to the hospital to gather that information. He noted that Jim Hutchens gave the service to the County but could not access those funds. Commissioner Lloyd noted no other County funding was available other than through the indigent funds. Cash Minor stated he had spoken with the welfare department and the application information for the indigent was captured by the hospital. Cash Minor stated the indigent was the last resort for funding. The private insurance, medicare and medicaid came first. He stated that there were income guidelines to be considered to find out if the victims qualified as indigents. Cash Minor stated if they were considering sending County staff to meet with the indigents at the hospital they should take into consideration that only one person worked in welfare. Commissioner Roberts inquired how many of those flights were life threatening flights. He stated as a general rule most insurance companies would not pay for the flight unless it was life threatening. Jim Hutches stated that was correct. Commissioner Roberts believed that everyone would file as an indigent if the County guaranteed payment for indigents and their private insurance would not pay for it. Jim Hutchens noted that they had launch criteria and they had to respond if there was an ejection, death, or if a life, limb or vision was threatened. He pointed out that they responded without knowing if they would get paid, or if a life was threatened. He stated they get turned around in route a lot once a ground ambulance or a law officer arrived at the scene. Jim Hutchens stated that of the 63 people delivered they were hurt. He stated the law required that he had to go to the scene and he could not make a judgement call over the radio or phone because they would lose their license. Commissioner Nannini clarified that Commissioner Roberts had questions how they PAGE 17