STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. APRIL 17, 2002

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1 STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. The Board of Elko County Commissioners meet in regular session on April 17, 2002, at 1:30 p.m., in Room 105, in the Elko County Courthouse, at 571 Idaho Street, Elko, Nevada. There were present: County Commissioners Brad Roberts, Chair Nolan Lloyd Mike Nannini Warren Russell John Ellison County Manager Robert Stokes Deputy District Attorney Kristin McQueary County Clerk Win Smith Deputy County Clerk Marilyn Tipton Elko County Assessor Joe Aguirre Elko County Chief Appraiser Lisa Baptiste Community Development Dir. Charles Voos Road Supervisor Otis Tipton Planning and Zoning Director Randy Brown --- The following proceedings were held: Commissioner Roberts called the regular meeting to order at 1:30 p.m. PLEDGE OF ALLEGIANCE: Commissioner Roberts lead the meeting participants in the Pledge of Allegiance. APPROVAL OF PRECEDING MINUTES: The Board considered approval of the preceding minutes for the meetings held on March 27, 2002: Special Budget Meeting; April 3, 2002: Board of County Commissioners; Jackpot Town Board; and the meetings held on April 4, 2002: Board of County Commissioners; Board of County Highway Commissioners; and the Elko County Liquor Board. Commissioner Russell noted the title on Page one of April 4 th should read Elk Advisory Committee rather than the Elko Public Lands Advisory Commission. MOTION: Commissioner Lloyd moved to approve the preceding minutes for the meetings held on March 27, 2002: Special Budget Meeting; April 3, 2002: Board of County Commissioners; Jackpot Town Board; and the meetings held on April 4, 2002: Board of County Commissioners; Board of County Highway Commissioners; and the Elko County Liquor Board with the noted correction. Commissioner Nannini seconded the motion. The motion was PAGE 1

2 passed unanimously. COMMENTS BY THE GENERAL PUBLIC: No comments were submitted by the general public. CORRESPONDENCE, ACKNOWLEDGMENTS AND NOTICES: No comments were submitted by the Board or staff. Commissioner Roberts called the Mountain City Town Board to order at 1:35 p.m., and the Jarbidge Town Board to order at 2:20 p.m. Chairman Roberts reconvened the regular meeting at 2:25 p.m. TUSCARORA COMMUNITY: There were no Tuscarora Community matters for reporting or discussion. MIDAS WATER DISTRICT: Midas Water Cooperative: No report was submitted upon water matters for the Midas community. MIDAS COMMUNITY: There was no Midas area report submitted. ELKO COUNTY COMMUNITY DEVELOPMENT: Tuscarora Wellhead Protection: Robert Stokes requested approval of a grant application for wellhead protection in Tuscarora. He stated it was in the same amount as the Mountain City application and there was an in-kind grant match. MOTION: Commissioner Lloyd moved to approve the grant application for wellhead protection in Tuscarora. Commissioner Nannini seconded the motion. The motion was passed unanimously. Jackpot Wellhead Protection Program: Roberts Stokes reviewed the Interlocal Contract between the Community of Jackpot and the Bureau of Water Quality Planning for wellhead protection. He stated that Kristin McQueary had sent them a memo with recommended changes to the contract. Commissioner Roberts inquired about paragraph 8 wherein the County and the subcontractor were obligated to buy 22% of their supplies from businesses owned by minorities or women. He inquired what happened if they could not find a minority supplier. Kristin McQueary suggested they put it on record in the file. Commissioner Roberts noted it may prevent them from purchasing locally. Kristin McQueary stated they should follow the State guidelines and when they do an RFP they should show good faith to comply with those requirements. Commissioner Lloyd noted they were to use recycled paper. Kristin PAGE 2

3 McQueary stated that their reports had to be submitted upon recycled paper which was one of the State s requirements. MOTION: Commissioner Nannini moved to approve the Interlocal Contract between the Community of Jackpot and the Bureau of Water Quality Planning for wellhead protection. Commissioner Lloyd seconded the motion. The motion was passed unanimously. Planning/Zoning Division: Final Map of Division into Large Parcels: Randy Brown reviewed the request for the acceptance of the Final Map of Division into Large Parcels with conditions for Woodhills L.L.C. that is located on Moor Summit, which is approximately 7 miles east of the City of Wells and more specifically described as all of Section 11, Township 37 North, Range 63 East, MDB&M. The division into large parcels consists of thirteen 40 acre or larger parcels and one public road. He stated this fell under NRS and Elko County had little code upon this other than the rights-of-way be offered for dedication. Randy Brown reviewed the road offered for dedication upon the map and the road would provided access to the lower parcel. He stated they had applied to BLM for a County right of way. He stated that NDOT had suggested the County take their portion of the gravel road right-of-way. He stated that NDOT understood that the County would not take maintenance upon the road. Randy Brown stated they had spoken with the developer and they agreed to set up maintenance upon this road and the interior roads. He reported that the Planning Commission had approved the map pending the BLM and NDOT rights-of-way being acquired. Commissioner Russell inquired about the problem with the road along the section lines. Randy Brown stated that he researched the road and found it to be an RS 2477 road and BLM was cooperating with the right-of-way dedication. Commissioner Ellison inquired about the road extension through to private property. Randy Brown explained they would have a right of way down to the cul-de-sac and if they further develop then they would have to construct the road down. Commissioner Lloyd noted that road would be a division between the parcels. Randy Brown noted the property line went down the middle of the road and the statutes allowed them to do that. Commissioner Russell inquired if he had seen the proposed maintenance agreement. Randy Brown stated the people who purchased the property would maintain the road through their CCR s and they would establish a homeowners association. Commissioner Russell inquired if approval was conditional to the approval of the maintenance agreement. Randy Brown replied that the agreement was upon staff level now and they would make sure an agreement was in place and anyone who purchased a parcel would enter into CCR s. After that, it would become a civil issue. MOTION: Commissioner Nannini moved to accept the Final Map of Division into Large Parcels with conditions for Woodhills L.L.C. that is located on Moor Summit, which is approximately 7 miles east of the City of Wells and more specifically described as all of Section 11, Township 37 North, Range 63 East, MDB&M. Commissioner PAGE 3

4 Lloyd seconded the motion. Commissioners Nannini, Lloyd, Ellison and Russell voted aye. Commissioner Roberts noted Mr. Bottari was his brother-in-law and even though he had no financial interest in this to remove any doubt, he would abstain. The motion was passed 4-0 with one abstention. Commissioner Lloyd signed the map dedicating the road. ELKO COUNTY DISTRICT ATTORNEY: State of Nevada V. Smith Properties Delinquent Tax Case, APN , APN A2: Kristin McQueary reported that Gary Woodbury expected a Sale Motion to sell the properties to Peppermill. She stated that the closing date was scheduled for June 30 th, with extensions based upon the gaming licenses, etc. She reported that the sale price was 49.6 million dollars and they anticipated that the secured creditors would be paid off. However the unsecured creditors may not be paid off. She stated there was a question as to whether the penalties accrued upon the unpaid taxes would be paid. Commissioner Lloyd inquired if the County was a secured creditor. Kristin McQueary replied the County was a secured creditor. Highway Chairman Roberts adjourned the Highway meeting and reconvened the regular Board of Commissioners meeting at 3:07 p.m. SHERIFF'S DEPARTMENT: Elko County Law Enforcement Facility Proposed Upgrading-1999: Construction Contract Change Orders: Charles Voos requested approval of Change Order #10 in the amount of $8, which includes door work, millwork, intercom addition, curb and roof drain work and heat pump / HVAC work. Commissioner Ellison inquired if the Change order would address the existing intercom system within the building that went to the central area. Charles Voos replied in the affirmative to repair those intercoms and the intercom for the computer room. MOTION: Commissioner Lloyd moved to approve the Change Order #10 in the amount of $8, which includes door work, millwork, intercom addition, curb and roof drain work and heat pump / HVAC work. Commissioner Ellison seconded the motion. The motion was passed unanimously. SIERRA PACIFIC POWER COMPANY / JCMB - LAND BASED PROJECT (GIS): The Board discussed the Geographical Information System (GIS) or Land Based Project that was being considered with participation by government and private business inclusive of a request for Elko County s financial support and involvement and the meeting scheduled for April 24, Commissioner Lloyd questioned where they would get the funding. Commissioner Roberts stated he had spoken with Mr. Brown who supported the proposal. He reported that Randy Brown stated the information the County had would PAGE 4

5 supplement this program. Commissioner Russell stated he had spoken with Frank Gonzalez of Sierra Pacific and they did not have a cost estimate. He felt they should not make a decision upon this until there was an established cost. Joe Aguirre stated he would be at the meeting to be held on the 24 th of April. He felt they should know that in 1994 the County Board of Commissioners hired a private firm to estimate what it would cost to implement this type of program and their estimate was over $300, and now through the method suggested by Sierra Pacific it may be over $240, He felt they should ask for a commitment from the Sierra Pacific. Joe Aguirre noted Sierra Pacific had previously stated they would commit 50%. However, Sierra Pacific was looking at the Commission for $25, to $50, which was lower than $300,000. He noted that the maintenance would be within his office which was not the proper way to do it. He felt the proper way was to establish a department which would make the priorities, and noted numerous County departments would utilize these services. Commissioner Nannini voiced concerned that Sierra Pacific had not approached all participants. Joe Aguirre noted Sierra Pacific had sought names from him of different organizations to participate. Commissioner Roberts noted the more entities involved it lowered the entities participation costs. Commissioner Lloyd noted that they would have to establish administration for the system. Joe Aguirre stated Dennis Gilligan did not have the manpower to administer this service. Joe Aguirre stated it would mean less maintenance of files. He stated what was upon the County s AS 400 (the main computer) would be put into a digital means by the GIS system. He stated that the transcontinental highways and roads could be in the system. Joe Aguirre reported that EPA stated they had GIS maps within their trucks for shipment of the nuclear waste. Joe Aguirre stated at the Assessor s conference he spoke to Clark County who had their own system on AS 600 and were in the process of putting it into a PC. They would give that information to Elko County, however, the County could not utilize it in that form. It was noted that information would be bought from Sierra Pacific if they entered into the partnership. Commissioner Russell inquired about the future savings in costs and personnel. Joe Aguirre felt there would be a savings but did not have projections upon the cost savings. Commissioner Roberts inquired about the person to perform the task of input. Joe Aguirre stated that Sierra Pacific would provide that information. Commissioner Nannini felt it would be established in Joe s office to get it started. Commissioner Lloyd noted Public Works had CAD. Otis Tipton noted that it took training to perform the GIS input. He stated he would be going through GPS training for the video mapping of the roads and it took GPS to give the GIS the information. Joe Aguirre explained the GPS mapping importance. Otis Tipton reported that the City or the State Departments located in Elko did not have GIS yet. Commissioner Ellison noted Sierra Pacific had spoke about an 18% increase and inquired about their financing this GIS process. Joe Aguirre stated they had two weeks in which to join and he would get cost estimates. Commissioner Nannini inquired how much the County information was worth. He pointed out that Randy Brown had information and Joe Aguirre stated that his office had 4000 maps. Commissioner Roberts noted the County could charge fees for access to the information. Otis Tipton cautioned that they would have to continuously upgrade the information. PAGE 5

6 Commissioner Russell inquired what they charged other counties for access to their information. Joe Aguirre noted that this information had a lot of applications. Roberts Stokes requested Joe Aguirre to inform him of the meeting time and place. ELKO COUNTY AUTO RACING: The Board reviewed the request for approval of the Use Agreement renewal for an additional one year effective on date of approval. Kristin McQueary noted the water well development paragraph had been eliminated from the Use Agreement. MOTION: Commissioner Lloyd moved to approve the Use Agreement renewal with the Elko County Auto Racing for an additional one year effective on date of approval. Commissioner Ellison seconded the motion. The motion was passed unanimously. ELKO COUNTY TOURISM WEEK: PROCLAMATION NO E: A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS DESIGNATING THE WEEK OF MAY 4 TH THROUGH MAY 10 TH 2002 AS NATIONAL TOURISM WEEK: The Board considered approval of Proclamation No E designating the week of May 4 th through May 10 th,2002 as National Tourism Week, recognizing the important role tourism plays in our County. MOTION: Commissioner Nannini moved to approve Proclamation No E designating the week of May 4 th through May 10 th,2002 as National Tourism Week, recognizing the important role tourism plays in our County. Commissioner Ellison seconded the motion. Chairman Roberts read the proclamation into the record. The motion was passed unanimously. ELKO COUNTY TOWNSHIP JUSTICE COURTS: The Board acknowledged receipt of the Justice Court quarterly reports pursuant to the N.R.S receipt requirement. MOTION: Commissioner Lloyd moved to acknowledge receipt of the Justice Court Quarterly reports. Commissioner Nannini seconded the motion. The motion was passed unanimously. PAGE 6

7 COUNTY MANAGER AND COMPTROLLER OFFICES: Chief Financial Officer/Comptroller: Approval of Claims: The Board reviewed the claims submitted for approval. MOTION: Commissioner Lloyd moved to approve the submitted claims. Commissioner Nannini seconded the motion. Commissioner Russell noted that he had reduced his eight month travel claims by 50% as his donation in terms of their tight budget. The motion was passed unanimously. Approval of Travel Requests: The Board considered approval of the pending travel requests. MOTION: Commissioner Ellison moved to approve the pending travel requests. Commissioner Lloyd seconded the motion. The motion was passed unanimously. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Robert Stokes stated he had spoken with Scott Bell and the Mountain City District Ranger was leaving Elko County to be relocated in Ogden Utah by June 1, He stated that an interim district ranger would be appointed and there would be an appointment of a replacement. He stated there would be a meeting on the 14 th of May. Mr. Bell had informed him that the FS would be helping out in the center. The Forest Service had complimented the Mountain City volunteers and hoped to help relieve the volunteers so they would not have to donate as much time. Commissioner Roberts noted there would be a celebration tonight at the Museum for the 50 millionth gold ounce produced in the Carlin Trend. Commissioner Nannini stated he and the Sheriff met with Judges over the video conferencing and they would be back before the Commission upon the financing of this item. He reported that two judge representatives would view the system in Reno which would eliminate the transportation costs. Commissioner Ellison stated he had met with the Veteran s Administration to discuss the 4 th of July and had requested Robert Stokes to put a proclamation upon the next meeting agenda. Commissioner Roberts noted they had been invited to Fire Station No. 2 on May 8 th at 1:00 p.m. to discuss the hazard plan and LEPC would be in attendance. Doreen Clifford noted the Courtside area had an RV show in January and the Nevada Commission on Tourism had a booth which included information for Clark and Washoe Counties. She suggested that the Board ask them to include more information upon Elko County within their next presentation. Commissioner Nannini noted that Marvin Churchfield also attended several of those shows representing Elko County. Doreen Clifford noted that Mont Lewis had attended that show. MOTION: Commissioner Lloyd moved to adjourn the meeting. PAGE 7

8 Commissioner Russell seconded the motion. The motion was passed unanimously. There being no further business to come before the Board, the meeting was adjourned until May 1, ATTEST: MARILYN TIPTON, Deputy Clerk APPROVED, BRAD ROBERTS, Chairman PAGE 8