Elko County Board of Commissioners

Transcription

1 Elko County Board of Commissioners Commissioners Delmo Andreozzi Demar Dahl Cliff Eklund Glen Guttry Rex Steninger Elko County Manager Robert K. Stokes STATE OF NEVADA ) COUNTY OF ELKO ) ss. January 20, 2016 The Board of Elko County Commissioners met in regular session on Wednesday, January 20, 2016, at 1:30 p.m., in Suite 102 of the Nannini Administrative Building at 540 Court Street, Elko, Nevada. There were present: County Commissioners Glen Guttry Delmo Andreozzi Demar Dahl Cliff Eklund Rex Steninger County Manager Robert Stokes CFO/Asst. County Mgr. Cash Minor NRMAC/Asst. Mgr. Randy Brown Deputy District Attorney Kristin McQueary Deputy Clerk Marilyn Tipton Undersheriff Clair Morris County Fire District Adm. Linda Bingaman Road Supervisor Terry Lister Chairman Guttry called the meeting to order at 1:30 p.m. Commissioner Dahl led the meeting participants in the Pledge of Allegiance. 1:30:58 PM: I. COMMENTS BY THE GENERAL PUBLIC: Thomas Burney voiced concern about the expansion of another Justice Court. He did not see the value in financing another Justice Court and understood PAGE 1

2 it would cost $300,000 but was unsure if that included the salary for the Judge, staff, etc. Thomas Burney understood this requirement was driven by the population and he had not heard if they would have to fund the additional position if the population goes down. He noted the Planning Commission s projection was Elko County would have a population decrease in as much as 10%. He stated there was a history of bureaucracy outliving their usefulness. He managed a small business in Carlin and had filed claims in both the Carlin Justice Court and the Elko Justice Court. He noted processing small claims in the Elko Justice Court took longer than in Carlin. Thomas Burney stated he filed a small claims in the Elko Justice Court to collect a bill in August and in September he received a phone call, which he expected to be in court in six weeks. The phone call a month later was informing him they had forgot to do a cover sheet which was part of the new procedure and he would have to come back to Elko to fill out the cover sheet. He noted they were still looking at six to four weeks before they get a hearing so they started the timeframe all over. He commended the people that were there they were personable and helpful to the best of their extent but professional competence was way less than he was willing to pay for. He stated he was sent to the Sheriff s Office to get paperwork and the Sheriff told him the Court had to do all that. He did not mean this as a personal attack under any circumstances because the people were caring, they were concerned and upset about how the things were going but they did not know what they were doing. He stated the responsibility for their personal competency was not theirs personally that was the Courts. Thomas Burney stated the Carlin Justice Court went before the Carlin City Council requesting that they become a Court of Record. He noted when the Carlin Court became a Court of Record that would reduce the number of cases coming to the Elko Justice Court from Carlin. He understood the Elko Court s caseload had dropped over the past few years. Thomas Burney inquired if the population was every man, woman and child within the County. He questioned counting the children to justify the expense for the Justice Court. He questioned how they would pay for this because as a businessman he was finding that a government agency which was supposed to be useful to him in collecting past due debts was not helpful. He questioned if they would tax him personally and then tax the business additionally. Thomas Burney recognized there was law and there was justice and it can t always be the same thing. He urged them to insist that when we have people out there managing the law that they were well grounded in justice and he was not sure he saw the justice in this second court. Commissioner Guttry stated the statute was based upon the 37,000 population threshold and that included everybody. PAGE 2

3 1:36:55 PM: II. CERTIFICATE OF RECOGNITION: Discussion and consideration of a Certificate of Recognition to Maureen Durkin, M.D. who has cared for thousands of patients in Elko County since 1994 and been an advocate in enhancing healthcare for our area. MOTION: Commissioner Andreozzi moved to approve a Certificate of Recognition to Maureen Durkin, M.D. Commissioner Steninger seconded the motion. The motion passed unanimously. Commissioner Andreozzi read the Proclamation into the record. Chairman Guttry stated he served four years as Hospital Board liaison and said Dr. Durkin would be greatly missed. 1:42:32 PM: III. NATIONAL RADON ACTION MONTH PROCLAMATION: Discussion and consideration of Proclamation 2016-A, entitled, A PROCLAMATION BY THE DESIGNATING JANUARY 2016 AS NATIONAL RADON ACTION MONTH, encouraging Elko County citizens to take action to become educated on the hazards, testing and solutions for potential naturally occurring radon gas in our homes. MOTION: Commissioner Eklund moved to approve PROCLAMATION A, ENTITLED: A PROCLAMATION BY THE ELKO COUNTY COMMISSION DESIGNATING JANUARY 2016 AS NATIONAL RADON ACTION MONTH. Commissioner Dahl seconded the motion. The motion passed unanimously. Chairman Guttry read the Proclamation into the record. Jill Tingey, UNR Cooperative Extension Educator, thanked them for their support. She noted since 1989 there were 383 houses tested for radon which was 2% of the population within the County. She stated they wanted to get the word out because 39% of those homes were over the threshold level with the highest areas being in Spring Creek and Wells. She noted fewer people tested in the rural areas. Jill Tingey stated the State radon staff had submitted kits for the Commissioners and submitted those to the Board members. Commissioner Andreozzi inquired about the expense for mitigation. Jill Tingey stated there were ways for the homeowner to mitigate by themselves but there were also contractors that were certified for that. She stated the object was to move more air into the home. Jill Tingey noted the Courthouse tested positive and a contractor was brought from Reno to mitigate that on the weekend. 1:49:47 PM: IV. APPOINTMENTS: A. Elko County Advisory Board to Manage Wildlife PAGE 3

4 Appointment of one member with a term expiring December 31, Furn Winder requests reappointment for another term. MOTION: Commissioner Steninger moved to reappoint Furn Winder to the Elko County Advisory Board to Manage Wildlife with a term expiring December 31, Commissioners Eklund and Dahl seconded the motion. The motion passed unanimously. B. Elko County Senior Center Appointment of two members with a terms expiring December 31, Dick Harris and Patrick Dolan request reappointment for another term. MOTION: Commissioner Andreozzi moved to reappoint Dick Harris and Patrick Dolan to the Elko County Senior Center with terms expiring December 31, Commissioner Steninger seconded the motion. The motion passed unanimously. C. Elko County Fair Board Appointment of one member with a term expiring December 31, Giovanni Puccinelli requests reappointment for another term. MOTION: Commissioner Steninger moved to reappoint Giovanni Puccinelli to the Elko County Fair Board with a term expiring December 31, Commissioner Eklund seconded the motion. The motion passed unanimously. D. Elko County Board of Equalization Appointment of one member with a term expiring June 30, After the advertising process and as of January 13, 2016 two applications were received from Charlie Myers and Sharon Rigby for appointment. Katrinka Russell, Elko County Assessor, stated Charlie Myers recommended that they appoint Sharon Rigby to the Board. She had asked him to be a reserve if there was another opening because he would represent the people well. She noted they have a diverse board. MOTION: Commissioner Dahl moved to appoint Sharon Rigby to the Elko County Board of Equalization with a term expiring June 30, Commissioner Eklund seconded the motion. The motion passed unanimously. Katrinka Russell introduced Sharon Rigby. She noted Sharon was formerly Sharon Byram who previously worked for Newmont. She stated Sharon had over thirty years working in property tax. She noted Sharon was a certified property tax specialist since Sharon Rigby thanked them for their consideration. She believed she would bring a different prospective to the board with her background in mining properties, industrial properties, and power plants. She has a law degree and PAGE 4

5 has represented many companies throughout the western United States, before the State and County Boards of Equalization and tax commissions. She stated she would be happy to serve. Robert Stokes stated they have a number of boards served by volunteers and over the past 15 years this board was advertised with no letters submitted so when Sharon and Charlie both applied it was delightful to have two good qualified candidates. 1:56:09 PM: V. ELKO COUNTY PUBLIC GUARDIAN: In accordance with NRS and Elko County Code Title 1, Chapter 12, discussion and consideration of the re-appointment of the Elko County Guardian which was reappointed every four (4) years. Amanda Osborne, HR Administrator asked that they reappoint Kathy Jones as Pu blic Guardian. She noted Kathy had served as Public Guardian since 2003 and did an outstanding job. Commissioner Guttry inquired if this position was advertised. Amanda Osborne replied no this was the first time through this process and stated it would be hard to find someone as qualified as Kathy who was certified as a national public guardian and was a paralegal. MOTION: Commissioner Andreozzi moved to reappoint Kathy Jones as the Elko County Public Guardian for a four year term. Commissioner Eklund seconded the motion. The motion passed unanimously. 1:59:04 PM: Chairman Guttry called the Liquor Board to order at 1:59 p.m. VI. ELKO COUNTY LIQUOR BOARD: Discussion and consideration of approval of a Liquor License for Maverik Inc. in Spring Creek, Nevada located at 117 Boyd Kennedy Road. The Sheriff s Office has completed a background investigation. Undersheriff Clair Morris stated they conducted a background check on Maverik and they operate within ten or twelve western states. He reported they had over 270 stores and the stores they made contact with were well respected within their communities. He stated they recommended approval of the Liquor License. MOTION: Commissioner Eklund moved to approve a Liquor License for Maverik Inc. in Spring Creek Nevada located at 117 Boyd Kennedy Road. Commissioner Steninger seconded the motion. The motion passed unanimously. PAGE 5

6 2:00:12 PM: VII. ELKO COUNTY FIRE PROTECTION DISTRICT: Discussion and consideration of an Inter-local Agreement for fire protection support services between the City of Elko and County of Elko. This agreement addresses areas within an automatic aid area that the City of Elko provides certain services to and outside of the automatic aid area for services for hire. Linda Bingaman stated the City of Elko came to them and requested that they have a mutual aid agreement. She stated they wanted an interlocal agreement to where the lines were defined clearly upon what the County would pay for and what they would not. Linda Bingaman stated they tried to build in terms that were equal both ways so if the County goes out to help the City they would give them eight hours and if the City helps the County they would give them eight hours in certain circumstances. She stated they outlined the services that would be provided, a map was included for areas of response and there was a list of participation. She noted if they call them for assistance outside of that area then they would call them for hire. Linda Bingaman noted there were circumstances where they may need them so this agreement would make that more clean. Commissioner Eklund inquired about assistance by hire in item 4 it said the City shall determine the appropriate actions to be taken in response to all emergencies. He noted that also says that on the County side and asked for clarification. Linda Bingaman stated if there was a call and they were taking County people then the County would have control of what goes as in trucks and personnel. She said if they don t have people available then they don t have to send someone. She noted the City wanted the same ability to say what vehicles and personnel they would take. Linda Bingaman stated in the discussions with the City their plans were to send volunteer staff unless there was an immediate life threat. Commissioner Guttry interpreted those two statements that if the City calls the County and says they need the County s help and the County responds then the City was in charge and the County was the backup. Linda Bingaman stated that was correct the County was there to help. Chairman Guttry stated if for some reason the City says the County had more expertise in this and the County takes over, that statement provides them to do that. Linda Bingaman stated it also includes what equipment they would send. Commissioner Eklund inquired if the City would have control over an emergency situation within Elko County jurisdiction or would that mean just control of what was within the city s city limits. PAGE 6

7 Linda Bingaman stated if it was inside the automatic aid area both the City and County would respond but if it was in the city limits the City would respond. She stated if the city needed help then they would call the County. She stated if it was within the automatic aid area they would both go and whoever was there first would take charge. She stated if someone comes in with more expertise they may take control so that would be determined upon the circumstances and it would be a cooperative effort. Chairman Guttry stated they had three areas: the city limits, the mutual aid area and the County. Linda Bingaman stated the City had already approved this at their December meeting. She stated this agreement was based off of the old agreement. MOTION: Commissioner Steninger moved to approve an Inter-local Agreement for fire protection support services between the City of Elko and County of Elko. Commissioner Eklund seconded the motion. The motion passed unanimously. 2:06:43 PM: VIII. ELKO COUNTY CODE: Sales Tax Increase: Discussion and consideration of the First Reading of ORDINANCE , entitled, AN ORDINANCE ADDING A NEW CHAPTER 14 TO TITLE 6 OF THE ELKO COUNTY CODE TO IMPOSE A ONE QUARTER (1/4) OF ONE PERCENT (1%) TAX ON THE SALE OF TANGIBLE PERSONAL PROPERTY SOLD AT RETAIL, OR STORED, USED OR OTHERWISE CONSUMED IN ELKO COUNTY TO PAY FOR PUBLIC SAFETY NEEDS OF THE ELKO COUNTY FIRE PROTECTION DISTRICT AND ROAD IMPROVEMENT NEEDS, AND ALL OTHER MATTERS RELATED THERETO. Cash Minor stated they had been through all the hearings and this was the First Reading of the Ordinance that supported those two plans, one for the Fire District and the other for the Road Department. He stated it would be published in the paper for a Second Hearing for final approval. Michael Polise stated he just returned from Florida who had a sales tax of seven percent. He felt good that Elko was at.685% sale tax. He realized there were needs but felt it was nice to be less. He noted Idaho was 6% sales tax. Michael Polise commented the economy was not good, and noted stores were closing in Elko. He stated Walmart was closing 154 stores, the American and Chinese stock markets were not good, and the price of oil was low so everything was out of balance. Michael Polise stated in Florida they paid $1.75 per gallon and the price for gas in Elko was $2.28. He stated it would be heroic if there was any way out of raising the sales tax and they could find other ways. He noted PAGE 7

8 $39.00 per year times 15 years was $ Michael Polise said he stood behind a woman at the Post Office that felt her electricity was turned off because her payment got lost in the mail. He believed they don t shut off your electricity or water for three months without payment. Michael Polise stated they had heard the needs of the Police, and now the Convention Center was competing against all the hotels with their center for lunches. Michael Polise stated he appreciated the days when everyone looked at all the small things and Elko was very prosperous. He asked that they give this some consideration. Commissioner Andreozzi noted the Ordinance talked about a plan and remembered there were plan revisions. He inquired if there was anything else they needed to redo with regards to that plan. He inquired if the plan documents had come from the cities. Cash Minor stated those cities plans were incorporated into the overall County s plan. He stated if they pass this Ordinance there was additional work to be done. He stated they have to contract with the Department of Taxation to collect the tax so they would need their approval. He stated there was a timeline and if approved it would be July 1 st before this tax would be collected. Randy Brown stated they had worked with all the cities and received their input. He noted the plan was complete and the plans were provided by the incorporated cities. Commissioner Guttry stated it would be prudent to give an update on this plan. He suggested that once it was implemented it should come back within one year to give the public an update showing how the funding was spent. Cash Minor stated the Ordinance requires it come back annually to the Board every year for approval of upcoming projects. He stated with regards to the roads if the direction of the growth changes they may have to amend the plan. Commissioner Eklund thanked Michael Polise for his comments. He noted Idaho had a 6% sales tax but they charge sales tax upon their groceries and taxes upon many things that Nevada does not. MOTION: Commissioner Eklund moved to approve the First Reading of ORDINANCE , entitled, AN ORDINANCE ADDING A NEW CHAPTER 14 TO TITLE 6 OF THE ELKO COUNTY CODE TO IMPOSE A ONE QUARTER (1/4) OF ONE PERCENT (1%) TAX ON THE SALE OF TANGIBLE PERSONAL PROPERTY SOLD AT RETAIL, OR STORED, USED OR OTHERWISE CONSUMED IN ELKO COUNTY TO PAY FOR PUBLIC SAFETY NEEDS OF THE ELKO COUNTY FIRE PROTECTION DISTRICT AND ROAD IMPROVEMENT NEEDS. Commissioner Andreozzi seconded the motion. PAGE 8

9 Commissioner Steninger stated they had discussed this since last September so they had considered what Michael Polise had mentioned. Commissioners Eklund, Andreozzi, Steninger and Guttry voted aye. Commissioner Dahl voted nay. The motion passed by majority vote. Chairman Guttry stated they would set the date for the Second Reading of the Ordinance. 2:15:27 PM: IX. ELKO JUSTICE COURT: Discussion and consideration of a possible request for an Nevada Attorney General legal opinion regarding options for the adjustment of the Justice of the Peace salaries for both of the Elko Justice Court Judge positions. Commissioner Eklund stated the whole Board had concern where the funding would come from. He had received Commissioner Steninger s questioning if they would be paying both Judges for part-time positions and he agreed with that assumption. Commissioner Eklund felt they were responsible for making decisions based upon the correct information they have. He was in favor of getting the Attorney General s opinion. Commissioner Steninger had asked legal counsel about setting the salary of the second judge but did not think they could change the salary for the existing Judge. He stated they should establish the second judge as a part-time position. Kristin McQueary stated there was little guidance in the statute. She stated the way the statute was written it was difficult for her to say yes or no as to whether they could change it to a part-time position. She noted there was a fiftytwo year old Attorney General s opinion that touches on it briefly. She did not know what the minimum was or how it was established. She stated it would be helpful to ask for an Attorney General s Opinion on the situation. Commissioner Steninger inquired how long that would take. Kristin McQueary stated last time it took quite a while but if they asked for the Attorney General s consideration and point out that the statute only gives them to July to figure this out they may speed things on. Commissioner Eklund inquired if they were too late in getting the opinion or re-establishing the wage for the new judge. Kristin McQueary replied no, because the way the statute was written says no later than July in the year of the election. She stated the statute also talked about not setting it below the minimum that has been established. She did not know if that would apply. Commissioner Guttry inquired what the minimum was. Kristin McQueary stated that was a good question to ask the Attorney General. PAGE 9

10 Commissioner Eklund stated he and Commissioner Guttry sit upon the Budget Committee and they do not have the $300,000 to $400,000 to address this position. He stated if they have options on the budget process it would be frugal to find out all their options. Cash Minor stated he had been with the County for 19 years and the Board of County Commission had established the minimum rate. He stated the rate varied by Justice Court and caseload. Commissioner Guttry inquired what the minimum salary was nineteen years ago. Cash Minor stated he would have to look that up. Cash Minor stated prior to 2000 the Justices retained certain fees and in the early 2000 they redid the salaries to have the County keep those fees and gave them some increases as well as tie them into the elected salary increase that the State Legislature approves and provided for the longevity for that elected position. Commissioner Andreozzi inquired about looking at the minutes when they established those salaries and see what criterial they used to benchmark those salaries and see what the thought process was at that time. Commissioner Eklund understood there was no minimum wage established there was no firm dollar amount for a minimum and that amount was what the Board decided. Commissioner Dahl inquired if they could call it a part-time position. Cash Minor stated he could not answer that. He stated in the past the position s salary was based upon caseload. Commissioner Eklund stated since it would be cutting the existing Judge s caseload could they make them both part-time positions. Cash Minor stated he could not answer that. MOTION: Commissioner Eklund moved that we request Kristin McQueary to obtain a Nevada Attorney General s legal opinion regarding options for the adjustment of the Justice of the Peace salaries for both of the Elko Justice Court Judge positions. Commissioner Dahl seconded the motion. Commissioner Andreozzi stated they would not know the answer so he inquired if the Budget Committee would be going back to the current justice to see if there was some way to help fund this position. Commissioner Andreozzi noted they do not have to justify what was considered full time or part-time according to the way the statute was written. He understood there were six people who have filed for this position and felt they should know about this process. He believed the fundamental issue with the way the statute was written was there should be some type of justification other than just the population PAGE 10

11 threshold so there was an evaluation and the Commission should be included because of the funding situation. Commissioner Eklund noted they voted one month ago to establish the wage of the new Justice of the Peace and inquired if they could revisit that. Kristin McQueary stated she would ask that question of the Attorney General and it may be possible to change that wage. She commented they need to do it before the 1 st of July. Commissioner Guttry believed staff would be meeting with the Department Heads and the Judges to discuss their requests for personnel, services and supplies and their upcoming needs. He stated staff will be talking with Judge Simons and maybe he will come up with some ideas on how to fund that. Commissioner Guttry stated the $131,000 salary may have inspired the six people to sign up. Commissioner Andreozzi commented the $131,000 was the base salary. Commissioner Steninger understood the total base package would be a little under $300,000 for benefits and the additional bailiff. Cash Minor stated they could add on 35% for the costs of the benefits. The motion passed unanimously. 2:28:04 PM: X. CONSENT AGENDA: A. Presentation and review of claims for approval which are available for public review at the Elko County Manager s Office. B. Approval of minutes December 2, 2015 MOTION: Commissioner Dahl moved to approve the Consent Agenda. Commissioner Eklund seconded the motion. The motion passed unanimously. 2:28:39 PM: XI. COUNTY COMMISSIONER AND COUNTY STAFF COMMENTS: Randy Brown stated with regards to the Fire District s maintenance building the water meter was set today with final inspection tomorrow. He stated they were turning on the gas and electricity. He stated there was a minimum of change orders. He stated it would be turned over to the Fire District at the first of next week. Commissioner Steninger said they appointed Furn Winder but there was one remaining position opened on the County Wildlife Advisory Board. Commissioner Andreozzi thanked Michele Petty for helping him with regards to the putting a tab on the County website for the Health Board. He stated people now have access to a web page. Commissioner Andreozzi believed they have created a healthy group of stakeholders and they would be PAGE 11

12 kept apprised of meetings. Commissioner Andreozzi stated if they need working groups they would look to those stakeholders. He would be meeting with a representative from the State of Nevada Rural Community Health Department of Public and Behavioral Health tomorrow to discuss issues such as a community health nurse, etc. He had the privilege of administering the Oath of Office to the incoming Chamber Board of Directors. He spoke upon the importance of the small business being the economic fabric/backbone of their community. Commissioner Eklund reported he had contacted Community in Schools and they want to be a stakeholder with the Health Board as well as the City of Carlin and Donnetta Skinner would be the City s representative. He commented the cleanup in Carlin was nearing an end and noted they had excessive costs. Commissioner Guttry inquired if the insurance pool was responsible for natural disasters. Commissioner Eklund reported the City Manager contacted the POOL/PACT and was in contact with Robert Stokes who spoke to the emergency management people. He noted Cash Minor was the local representative of POOL/PACT. Cash Minor stated he did not do claims analysis but was on the board. He stated a third party viewed the claims and some claims may be under the policy. Robert Stokes stated the day of the event Clair Morris, County Emergency Director, was out of town so Annette Kerr helped. He stated they met with the Carlin City Manager, some Council members and staff to look at options. He noted the State Emergency Management let them know it was not an open checkbook either at the state or the federal level. He stated for a community the size of Carlin this was a major event. Commissioner Dahl stated there was a NACO meeting scheduled day after tomorrow. Commissioner Guttry stated they were receiving s on the decisions made by the State Department of Engineer upon new applications for new underground water in over appropriated basins. He stated two more applications were denied yesterday. He believed the Engineer was really clamping down in over appropriated basins. Commissioner Dahl stated everybody that has an irrigation well that pumps over 5 gpm has to have a meter on it by the 1 st of February. Commissioner Guttry stated most of basins were over appropriated so they were denying most of the water applications unless it was for a domestic well. 2:36:40 PM: VII. ELKO COUNTY FIRE PROTECTION DISTRICT: Discussion and consideration of an Inter-local Agreement for fire protection support services between the City of Elko and County of Elko. This agreement PAGE 12

13 addresses areas within an automatic aid area that the City of Elko provides certain services to and outside of the automatic aid area for services for hire. Kristin McQueary requested that they return to agenda item VII because they did not choose a term for the agreement. She recommended a two year term. MOTION: Commissioner Steninger moved to make the interlocal agreement between the City of Elko and the Elko County Fire Protection District for a time frame of two years. Commissioner Eklund seconded the motion. The motion passed unanimously. 2:38:49 PM: XII. 2:39:02 PM: COMMENTS BY THE GENERAL PUBLIC: No comments were submitted. XIII ADJOURNMENT: There being no further business to come before the Board, the meeting was adjourned at 2:39 p.m. APPROVED, ATTEST: MARILYN TIPTON, Deputy Clerk GLEN GUTTRY, Chair PAGE 13