STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. SEPTEMBER 2, 2004

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1 STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. The Board of Elko County Commissioners met in a regular session on September 2, 2004, at 1:30 p.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko, Nevada. There were present: County Commissioners Mike Nannini, Chair John Ellison Warren Russell Sheri Eklund-Brown Charlie Myers County Manager Robert Stokes Deputy District Attorney Kristin McQueary Deputy County Clerk Marilyn Tipton Chief Financial Officer Cash Minor Undersheriff William Cunningham Road Supervisor Otis Tipton Planning & Zoning Randy Brown The proceedings were as follows: CALL TO ORDER: Chairman Nannini called the meeting to order at 1:30 p.m. PLEDGE OF ALLEGIANCE: Commissioner Eklund-Brown led the meeting participants in the Pledge of Allegiance to the flag of the United States of America. COMMENTS BY THE GENERAL PUBLIC: Dan Dallas, US. Forest Service Mountain City District Ranger introduced Paul Flanagan who was appointed the new Ruby Mountains/Jarbidge District Ranger. ELKO SNOBOWL: The Board considered a request for financial assistance to match donations for improvements to the road and parking lot at the Snobowl Ski facility north of Elko. Charles Chester stated Roche Bush was the manager and he would give them the information. Roche Bush reported that last year they had thirteen weeks of PAGE 1

2 skiing. He stated the road was surfaced with shale rock but with time and traffic that road had turned to clay. Roche Bush stated that they had some funds to put towards the purchase of gravel for the road. However, it would cost approximately $57, to gravel the entire road and inquired if the County could come up with some funding to help them get it graveled within one or two years. Commissioner Eklund-Brown inquired if they had been gifted the gravel. Roche Bush stated that they had to pay the royalty and the hauling. Commissioner Eklund-Brown inquired about the spreading of gravel. Roche Bush stated that they had made arrangements to spread it. Commissioner Eklund-Brown noted that their contingency fund was decreasing rapidly and asked if there was a possibility of the County hauling the gravel. Otis Tipton stated the road crew was the spreaders. Commissioner Ellison noted that yesterday they lost the battle with Stateline wherein they lost revenue which was to be available this year. He did not know where they could come up with any money. Commissioner Eklund-Brown inquired what amount they were asking for. Roche Bush stated they were hoping to put out $20,000 and was asking for the County to match that $20,000. Commissioner Eklund-Brown inquired if they had contacted the city. Roche Bush replied that the City did some road work, and paid for their Recreation Director to run the ski program up there. He stated they were hesitant to ask someone else to haul it since they were gifted the gravel. He noted that they were talking about two miles and putting on six inches of gravel. Commissioner Myers asked how long it would take to haul that amount. Otis Tipton replied that if Vega used doubles or triples it would not take very long. Commissioner Ellison noted that the interpretive center project may be moved up sooner. Commissioner Myers inquired about how long it would take. Otis Tipton stated if Vega could haul it with three wheelers then the material could be hauled within two weeks but that depended upon the amount of trucks they utilized. He stated that if they were paid they would move the material faster. Commissioner Nannini inquired when they wanted to start moving it. Roche Bush stated they would put in their $20,000 this year regardless of what the County was able to contribute. He stated that they may have to do it over several years. Commissioner Myers inquired when their drop dead date was. Roche Bush stated that they would probably start by the middle of October and have it completed by the end of October. Commissioner Myers noted that they had one litigation pending. Kristin McQueary stated the continuation was scheduled in the third week of September and cautioned it may take months to receive the decision. Commissioner Myers asked that they wait because the Board needed to settle some financial issues. He stated that there may be an additional impact due to another project being scheduled earlier than expected. He stated they would need to look at this project later. Commissioner Russell felt that the Board would support them. PAGE 2

3 Commissioner Nannini suggested they come back on the October 7 th meeting agenda. Commissioner Eklund-Brown inquired if that was a County road. Otis Tipton replied no, it was not. He stated the last two miles from Fifth Street was on the BLM. He stated in the past the County donated two old blades so they could blade and keep the road snow plowed in the winter. He stated that portion of the road was constructed through private donations and with the help from the mines. Commissioner Nannini inquired if Otis would help with the road. Otis Tipton stated that he told them some time ago that they would help spread the gravel. LAMOILLE WOMEN S CLUB: The Board considered a Certificate of Appreciation to the Lamoille Women s Club for their efforts over the years to manage and maintain the Lamoille Park facility and improve the Lamoille Community. MOTION: Commissioner Eklund-Brown moved to approve the Certificate of Appreciation to the Lamoille Women s Club. Commissioner Russell seconded the motion. The motion was passed unanimously. Commissioner Eklund-Brown noted that she and her mother were members of the club and commented upon the efforts of this group. She noted that Millie McCarley was one of the moving forces to get the grove improved. She stated that Newmont helped improve the grove and put in the sprinklers. Darby Harmening noted that Florence Zollitch was present today and had been in the club since The Board considered approval of scheduling the annual Lamoille Country Fair at the Lamoille Park facility every year for the fourth weekend in June. MOTION: Commissioner Ellison moved to approve the scheduling of the annual Lamoille Country Fair at the Lamoille Park facility every year for the fourth weekend in June. Commissioner Russell seconded the motion. The motion was passed unanimously. Ruth Baty inquired if they had to pay. Kristin McQueary believed that they would need a Resolution to outline why this group was treated differently. PRESENTATION OF CERTIFICATE OF CONGRATULATIONS TO THE FRIENDS OF MIDAS: The Board considered approval of a Certificate of Congratulations to the Friends of Midas for the designation of the Midas Schoolhouse on the National Register of Historic Places. In July, the Commission recognized the Friends of PAGE 3

4 Midas for the State designation of the Midas Schoolhouse as a Historic Place. Since that time the National Designation had been approved. Commissioner Eklund-Brown stated they were proud of Midas and noted the presentation of the Certification for the designation on the State Historical Register during their meeting in Tuscarora. She noted that since then they had won the National Historical designation. She stated they would send this plaque in honor and recognition of all their work together with the Newmont Corporation to bring the school house back to the level it was now. MOTION: Commissioner Ellison moved to approve a Certification of Congratulations to the Friends of Midas for the designation of the Midas Schoolhouse on the National Register of Historic Places. Commissioner Russell seconded the motion. The motion was passed unanimously. ELKO COUNTY PUBLIC ATTORNEYS ASSOCIATION: Robert Lowe reported on the status of negotiations. He submitted copies of the last contract. He stated that the date of the last pay increase was on October 1, He stated for one member it was October 1, Robert Lowe stated that there were no raises, no cost of living adjustments, and no step increases since then. Commissioner Ellison inquired if they were still in negotiations. Robert Lowe stated they have declared an impasse. Robert Lowe gave a slide presentation and submitted copies of the Labor Agreement between the County of Elko and the Deputy District Attorney s and Deputy Public Defender s Association for July 1, 1999 through June 30, He reviewed the Elko County Public Attorney s Association s memorandum submitted on July 2, Robert Lowe spoke upon their proposed salary change and their rationale behind the proposal. He noted that their income had consistently eroded due to the cost of living increases. He discussed sick leave, annual leave, holidays, comp. time and number of cases practiced per year. Robert Lowe submitted the Elko County negotiation team s memorandum dated August 10, He reviewed what the County had rejected. Robert Lowe stated that they met for negotiations on August 10, 2004 with Cash Minor and Charles Cockerill. He stated that the County submitted their counterproposal at that time. He noted that at the end of that meeting both sides declared an impasse and the association indicated that they must seek binding fact-finding. Commissioner Eklund-Brown asked what was binding fact-finding. Robert Lowe replied that under other contracts it was called arbitration. Robert Lowe stated that mediation was also available. He stated Charles Cockerill could tell them if fact-finding was binding or not. He submitted copies of his dated August 10, 2004 and copies of Charles Cockerill s reply PAGE 4

5 to his last . He noted that Charles Cockerill stated in his letter that the County remained willing to conduct further negotiations and the only significant issue remaining was salary. Robert Lowe submitted copies of ensuing dated August 20, 2004 from the Elko County Public Attorney s Association, August 23, from Charles Cockerill, August 27, from Rob Lowe, and e- mail dated August 27, 2004 from Charles Cockerill. Robert Lowe believed that they would have a time problem with mediation. He stated that mediation would delay the process of getting to fact-finding. Therefore they had requested that they waive any statutory time frames regarding fact-finding for FY Robert Lowe noted that the County would not waive the statutory time frames regarding the factfinding so they were forced to go into fact-finding. The Board of Highway Commissioners was called to order at 2:12 p.m., and adjourned at 3:16 p.m. Chairman Nannini called a recess at 3:16 p.m., and reconvened the Commission meeting at 3:32 SHERIFF'S DEPARTMENT: Undersheriff Cunningham submitted the written Patrol/Detention operational report and statistical information. Commissioner Nannini thanked him for doing a great job. Commissioner Russell inquired about the Spring Creek area statistics. Undersheriff Cunningham replied that all of the unincorporated areas such as Spring Creek, Osino, Ryndon, etc., was included within the Elko portion. ELKO COUNTY JUVENILE PROBATION DEPARTMENT: James Watson submitted the monthly written Juvenile Detention and Juvenile Probation Monthly Report and noted that fourteen were in custody today. Commissioner Russell inquired about the amount of savings if the legislature reduced their percentage of contribution to thirty percent per year. James Watson replied that would be 20% of $134,000. He anticipated in 2007 that amount would be even higher. James Watson felt it would be in the best interest of this County to further the program to the next level. He had attended a meeting at the Douglas County Courthouse on the 18 th of August. He stated it was clear at that meeting to everyone that NACO, the State s Judicial Association, and the Department of Child and Family Services were on Board with this 50/50 split. James Watson felt as Elko County progressed in developing a similar program then they would like to withdraw from that China Spring Program. James Watson noted that the way the law was written there was no mechanism to allow a County to opt out of the China Spring PAGE 5

6 Program if they developed their own regional treatment program. He felt that this Board needed to draft a Resolution enabling the counties to opt out of the commitment/program and submit it to our congressional delegates. James Watson stated that if they developed their own program then the money would stay within Elko County. Commissioner Ellison noted he had spoken to Assemblyman Carpenter about sponsoring that initiative. He commented about participation from the other counties. Commissioner Nannini stated that they were already partnering with Eureka, Ely and Lincoln. He felt they could pick up Humboldt and Lander counties. He questioned whether Lovelock would be interested in the program. James Watson stated they had conversations with Judge Wagner. Cash Minor explained that Jim was not only talking about the juvenile detention issue but also the intermediate step that China Spring was doing for both boys and girls. He noted there were separate steps in the juvenile program. Kristin McQueary reported that District Attorney, Gary Woodbury was handling the juvenile case load while they were looking for a new juvenile deputy. ELKO COUNTY CLERK S OFFICE: The Board considered approval of a lease for storage space for the new voting machines and equipment. Cash Minor noted it was a three-year lease with (3) two year renewal terms. He stated they had been in the building since July and had received the lease agreement. Commissioner Ellison inquired about the location and Cash Minor replied it was in the Terraces. Commissioner Myers inquired about where in the budget would that lease rental come from. Cash Minor replied that they had money budgeted for rent to store the voting machines and new equipment. He stated this would be put into the election fund and funds would be transferred for that amount. Commissioner Nannini stated that he had spoken to Win and Sequoia had indicated to her that they would not ship the voting machines until they had a storage area. He explained that was why they had to act so quickly in order to have the machines available. He reported that Cash Minor had performed research on this matter and this was a temporary solution until they go forward with their building program. Commissioner Ellison stated if they move the law library then that would be a perfect spot. Cash Minor stated that if they go down the path and look at a new building project then that area would cease to exist. MOTION: Commissioner Myers moved to approve a lease for storage space for the new voting machines and equipment. Commissioner Eklund-Brown seconded the motion. Commissioner Ellison inquired about the lease amount. Cash Minor reviewed PAGE 6

7 the lease terms. Commissioner Myers, Eklund-Brown, Russell and Nannini voted aye. Commissioner Ellison voted nay. The motion was passed by majority vote. NEVADA DEPARTMENT OF INFORMATION TECHNOLOGY: Communications Facility Upgrades: Pennsylvania Hill Facility: The Board considered submitting comments to the Mountain City Ranger District supporting upgrades to the Pennsylvania Hill Communications Facility. Elko Mountain Facility: The Board considered submitting comments to the BLM Elko Field Office supporting upgrades to the Elko Mountain Communications Facility. Robert Stokes noted that these two requests the Pennsylvania Hill facility and the Elko Mountain facility were for upgrades to these facilities. He had spoken to the Elko County Sheriff who informed him that the County utilized both of these facilities. He stated that the County would probably support this but noted the County was paying premium rack spaces in these facilities. Robert Stokes had received the suggestion to put in a comment that they would support this and hoped that it would not increase the rate of rack space and rentals for the County system. Undersheriff Bill Cunningham stated that Neil had advised him that the rack space was raised more than $1,000 from last year at each of these facilities. He reported that the rack space at Pennsylvania Hill was $4,443 this year but was $3290 last year. Undersheriff Cunningham noted that the rack space on Elko Mountain was $4300 this year but was $3290 last year. He felt that they should work with them to get this cost lower. Commissioner Nannini inquired why they were being charged this amount. Robert Stokes replied that there had been a radio licensing problem at the State level. He noted that in almost every State department that the County dealt with were trying to find ways to reduce their expenditures as part of the State deficit accrued over the last couple of years. He commented that those agencies were transferring their expenditures or costs to the local agencies. Commissioner Ellison noted that they were trying to get power to another mountain top in cooperation with the BLM. Undersheriff Bill Cunningham stated that would help the service. MOTION: Commissioner Myers moved to submit comments to the Mountain City Ranger District in support of the upgrades to the Pennsylvania Hill Communications Facility and to submit comments to the BLM Elko Field Office supporting upgrades PAGE 7

8 to the Elko Mountain Communications Facility. Commissioner Russell seconded the motion. The motion was passed unanimously. ARGOSY MINERALS, INC. - MINERAL EXPLORATION PROJECT: The Board considered submitting comments to the USFS regarding Argosy Minerals, Inc., proposal for mineral exploration activities in the Gold Creek Mining District. The project would disturb less than three acres in order to construct 2,300 feet of exploration roads, 880 feet of cross-country travel and 12 drill pads with associated sumps. MOTION: Commissioner Russell moved to submit comments to the U.S.F.S. in support of the Argosy Minerals, Inc, proposal for mineral exploration. Commissioner Eklund-Brown seconded the motion. Commissioner Eklund-Brown made the disclosure that she did not know who would be the drilling contractor in this area. The motion was passed unanimously. NEWMONT MINING CORPORATION: LONE TREE COMPLEX - TRINITY SILVER MINE: The Board considered submitting a letter supporting the renewal of an NDEP Water Pollution Control Permit for the Lone Tree Complex - Trinity Silver Mine. MOTION: Commissioner Ellison moved to submit a letter of support for the renewal of an NDEP Water Pollution Control Permit for the Lone Tree Complex - Trinity Silver Mine. Commissioner Myers seconded the motion. The motion was passed unanimously. COMMISSION MEETING CALENDAR: September 22, Jarbidge Meeting. October 6 & 7, :30 p.m. - Elko - Courthouse. October 20, Montello and West Wendover Meetings. Commissioner Nannini stated he had spoken to Robert Stokes because he felt they should combine the Wednesday and Thursday meetings together if there was an opportunity. Commissioner Russell noted that by spreading the meetings more than two days that gave the public more availability to schedule an agenda item on either day. He liked the one day meetings but felt it may be better for the constituents to have the alternative day available to schedule an agenda item. Robert Stokes inquired if they wanted to consider starting earlier on one day in the PAGE 8

9 morning and then meet the other day in the afternoon. Commissioner Ellison stated that he liked the one day schedule. Commissioner Nannini agreed with Commissioner Russell that if there was a hearing scheduled and they could not appear on Wednesday then they need to schedule it on the following Thursday. Commissioner Eklund-Brown inquired if they had to change the County Code. Robert Stokes stated that they would have to change the Code if they did this on a regular basis. MOTION: Commissioner Ellison moved to approve the Commission meeting calendar. Commissioner Myers seconded the motion. The motion was passed unanimously. CORRESPONDENCE, ACKNOWLEDGMENTS AND NOTICES: Commissioner Eklund-Brown inquired if Kristin McQueary had any new date for the scheduling with regards to Lynn Gillette. Kristin McQueary replied no new date was set. CONSENT AGENDA: Approval of Claims: The Board reviewed the claims submitted for approval. Approval of Travel Requests: The Board considered approval of the pending travel requests. Human Services Department: The Board considered approval of the step-increases for the Sheriff s Employee Association Bargaining Unit, effective September 1, 2004: Douglas Fisher and Brian Switzer. MOTION: Commissioner Ellison moved to approve the Consent Agenda. Commissioner Myers seconded the motion. The motion was passed unanimously. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: County Commissioners: Commissioner Myers inquired if they talked to anyone on the Ryndon fencing project. Commissioner Eklund-Brown stated they wanted the matter tabled because they were unable to raise the funds by yesterday. She felt that they would raise that amount because it was an organized group. Commissioner Eklund-Brown had spoken to Justin Rogers of the BLM and expressed her concerns with the cooperative agreement with regards to the maintenance. She stated that the County and the residents were only the financial contributors and did not want to be PAGE 9

10 involved with maintenance or liability of the fence. Commissioner Myers inquired what action was taken. Robert Stokes noted that action was approved depending upon the financial participation by the residents. He commented that the Osino bus stop was tabled until today. Commissioner Nannini asked that the Osino bus stop be placed back on the agenda. Commissioner Myers asked that someone do the radio program next week for him. Commissioner Eklund-Brown volunteered to do the next radio program. Commissioner Myers suggested that she take staff such as Joe or Otis. Commissioner Myers inquired if Win had arranged for transport of the voting machines. Cash Minor noted they were transporting to out of town areas this week and he would check with Win. Commissioner Ellison commented upon the new logos. Commissioner Eklund-Brown notified them that ECEDA was having weekly workshops at the Spring Creek Association. She requested that at least one of the Commissioners attend those Thursday mornings. She felt that could be coordinated through Robert Stokes. Commissioner Russell stated he could not attend the meeting this week. Commissioner Eklund-Brown stated that Fifth and Court looked very nice. She asked that Robert Stokes write to Ron and Jaime thanking them. Robert Stokes stated he would write a special memo for their files. Commissioner Eklund-Brown inquired about SHPO grants, and felt they should speak with the Tuscarora community. Robert Stokes inquired if Gail Rappa had spoken to Commissioner Eklund-Brown about the linseed on the sideboards, and received a negative reply. Commissioner Eklund-Brown inquired about the Spring Creek library. Commissioner Russell noted that in the later part of September or early October they would hold an evening meeting with committee members and the public to look at those issues. Commissioner Russell stated that there would be a cowboy action shooting event held at Jackpot on the 11 th of October. Commissioner Russell stated at the request of the Commissioners he read a statement into the record. A copy was submitted to the Clerk to be attached with the minutes. District Attorney: Kristin McQueary relayed the comments that her son had after observing one of their meetings. There was a short discussion about new signage for the Commissioners during the meetings. ADJOURNMENT: PAGE 10

11 MOTION: Commissioner Ellison moved to adjourn the meeting. Commissioner Nannini seconded the motion. The motion was passed unanimously. There being no further business to come before the Board, the meeting was adjourned. APPROVED, MIKE NANNINI, Chairman ATTEST: MARILYN TIPTON, Deputy Clerk PAGE 11