Elko County Board of Commissioners

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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. The Board of Elko County Commissioners met in regular session on Wednesday, April 1, 2015, at 1:30 p.m., in Suite 102 of the Nannini Administrative Building at 540 Court Street, Elko, Nevada. There were present: County Commissioners Demar Dahl ABSENT Glen Guttry Delmo Andreozzi 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 Sheriff James Pitts Library Director Jeanette Hammons Comptroller Debbie Armuth Accountant II Kathy Long Chief Juv. Prob. Officer Michael Pedersen DA Office Manager Liz Watson DA Child Support Mgr. Carolyn Smith Carlin Justice of the Peace Teri Feasel Fire District Administrator Gary Zunino Vice-Chairman Guttry called the meeting to order at 1:30 p.m. Vice Chairman Guttry noted Commissioner Dahl was absent today because he was at the State Legislature. PAGE 1

2 Commissioner Andreozzi led the meeting participants in the Pledge of Allegiance. 1:31:15 PM: I. COMMENTS BY THE GENERAL PUBLIC: Bert Gurr thanked the Commission on behalf of the Elko County Wildlife Advisory Board for their letter to the State Wildlife Commission supporting the CWAB s opposition to ban coyote calling contests. He believed the letter was very effective. 1:32:29 PM: II. NORTHEASTERN NEVADA REGIONAL DEVELOPMENT AUTHORITY (NNRDA): Discussion and consideration of authorization to utilize County property (Railport) for potential unmanned aerial vehicle (UAV) development operations. In economic development efforts to create UAV range test sites on County owned land, it is requested that the County allow the Elko Regional Airport and the Northeastern Nevada Regional Development Authority to pursue all regulatory and legal requirements to enter into an agreement with the Nevada Institute for Autonomous Systems to create UAV test sites on County land. Elko County will be responsible for the costs associated with providing a UAV insurance rider and determining a market daily rate for use of County land for UAV operations. The County Commission has previously voted to transfer the Snobowl property to the City of Elko. Pam Borda presented written answers to their questions at the last meeting. She noted the State was pursuing UAV s. She stated NNRDA believed this area was a good area for UAV s and inquired if the County was interested. She noted if the County was interested they would hire a consultant for $9,000 half to be paid by City and the other half by NNRDA to answer their questions. Pam Borda noted the Legislature recognized little was done to define the UAV s and they had introduced a bill to define UAV use and privacy. Commissioner Steninger inquired if access was still an issue. Pam Borda stated there would not be a lot of traffic in and out of that area. She commented Randy Brown noted if there was a maintenance situation and not a lot of traffic it would be fine. Randy Brown stated that was a private crossing and not an industrial, commercial crossing so it would not support a lot of traffic. He stated they visited the area and identified the crossing. Randy Brown questioned the County s liability with that private crossing. Commissioner Steninger inquired if there was a 5 mile radius flight for them. PAGE 2

3 Pam Borda stated they cannot fly beyond their eyesight. Commissioner Steninger voiced support to diversify their economy. Commissioner Guttry stated if they approve it in concept contingent upon staff s conditions. Kristin McQueary voiced concern that the County had to have an insurance rider from the private company. She noted the County would have insurance for County property but if the private company would use County property then the County would have to be named upon the private company s insurance as an additional insured. Commissioner Guttry believed the consultant would address that question. Cash Minor stated their policy renewal as of July 1 st will include some UAV coverage for the County but it would be oriented to cover the County using their own UAVs. He suggested Pam Borda get more information upon the insurance rider. Pam Borda stated the consultant may answer their questions. MOTION: Commissioner Eklund moved to approve this upon the condition that all concerns be addressed through the Elko County staff. Commissioner Steninger seconded the motion. Harry Botsford questioned the purpose for the UAV development in the area and why they were promoting it as a business endeavor more so than the airport or other features. Commissioner Guttry stated it would be one of Nevada s test sites for testing the UAVs. Pam Borda stated UAVs were important business tools. She gave the example of the mining companies waiting for rules to be enabled so they can use it for reclamation type purposes, etc. She stated BLM and Forest Service were also looking at drones. She noted in this County they had a lot of remote land to get access to so drones would be used in many environments within the County. Harry Botsford voiced concern about the spy in the sky. He was also concerned about interference with the amateur radio reception. He hoped the remote control devices would not hurt other flights or reception. Charles Schaer voiced support of the UAV testing. He commented for 22 years he was a licensed pilot and worked in the aviation industry. Charles Schaer stated his experience with UAVs was in the United States Air Force and they have saved people s lives. He stated in air support operations it kept the pilots out of harm s way. He noted the drones put bombs on target. Charles Schaer stated this was for testing purposes and felt the government knew more about the people than the people do right now so they don t need a drone to sit above your house. Charles Schaer commented Nevada has been a boon or bust economy for years and this would diversify their economy. He noted if they PAGE 3

4 diversify their economy then when the mines go they would have a backup. Charles Schaer stated Idaho was diversifying their economy and getting a better tax base. He noted Idaho does give tax incentives to bring in new businesses. He believed the test site would bring in jobs and bringing in new business to the airport. The motion passed unanimously. 1:44:45 PM: III. ELKO COUNTY LIBRARY BOARD OF TRUSTEES: A. National Library Week Consideration of Proclamation 2015-B entitled, A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS CELEBRATING THE WEEK OF APRIL 12-18, 2015 AS NATIONAL LIBRARY WEEK. Vice Chairman Guttry read the Proclamation into the record. Jeanette Hammons stated if they have over due fines bring those materials in and those fines would be waived as long as the materials were not damaged during National Library Week. She clarified STEAM was the acronym for the program of Science, Technology, English, Art and Math. She noted they had 20 people to come in for the Makerspaces crocheting program for adults this week so it was not a lost art. MOTION: Commissioner Andreozzi moved to approve Proclamation 2015-B entitled, A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS CELEBRATING THE WEEK OF APRIL 12-18, 2015 AS NATIONAL LIBRARY WEEK. Commissioner Eklund seconded the motion. The motion passed unanimously. B. National Bookmobile Day Consideration of Proclamation 2015-C entitled, A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS CELEBRATING APRIL 15, 2015 AS NATIONAL BOOKMOBILE DAY. Commissioner Eklund read the proclamation into the record. He stated in his country school the bookmobile was the only library they had. MOTION: Commissioner Andreozzi moved to approve Proclamation C entitled, A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS CELEBRATING APRIL 15, 2015 AS NATIONAL BOOKMOBILE DAY. Commissioner Steninger seconded the motion. Commissioner Andreozzi stated in this electronic age it was good to have traditional access to paper novels, books and magazines. He commended her and her staff and their volunteers to provide access of these materials to the public across the counties. Commissioner Andreozzi stated they had a good cooperative extension across to other counties. PAGE 4

5 The motion passed unanimously. Jeanette Hammons stated the first bookmobile was in 1905 in Maryland. She reported there were 696 bookmobiles across the country. She noted there were 77 bookmobiles in Kentucky and there were only 4 states that do not have bookmobiles. Jeanette Hammons reported that Nevada has 3 bookmobiles in northeastern area here, Humboldt and Lincoln counties. She commented the Elko bookmobile had the highest circulation among those three bookmobiles. She noted the bookmobiles provided a beneficial service to the rural residents. C. Report and review of Board of Trustees activities and minutes including issues related to the operation of the County Library. Jeanette Hammons, Library Director, reported at the law library they had training sessions upon the Lexis-Nexis System and there would be individual training with different offices. She explained the Lexis-Nexis data base had been replaced with Lexis Advanced. Jeanette Hammons reported the stats for the month of March for the three branches was 3,149 visitors, a total of 6,359 items circulated, 953 internet sessions. She stated at the Elko Branch they had 13 story times with 632 participants, 2 after school crafts with 7 participants, 1 teen book club with 6 attendees, one teen scene activity with 6 participants, for Game Time Thursdays there were 13 checkouts. Jeanette Hammons stated Mike Graf came in for a book signing. She reported their Diversity in Action family dance had 21 participants. She commented their Spring Book Fair was currently running with new books from Scholastic and adult cook books. Jeanette Hammons reported their outreach program had 3 story times and research visits with 114 participants; the Elko Special Ed story time had 9 participants and three special story times with 9 participants for a total 961 participants for the month of March. She stated there were 31 volunteer hours. She commented on their Early Literacy computers with 619 sessions and on the After School Edge tablets there were 99 sessions. Jeanette Hammons stated they had a total of 19,360 visitors, the total internet sessions being 1,549, the total meetings were 38 with 425 attendees, and the total circulation was 14,539 items for March. She stated upcoming programs was the spring Eggstravaganza tomorrow, on April 7 th was Gardening in the High Desert, and on the 18 th Cynthia Becker would hold a book signing. Jeanette Hammons stated the next Family History event was the 27 th of April and during the National Library Week they would conduct the Snapshot Day. She reported the Friends of the Library would hold their fund raising event Just Desserts. 2:03:36 PM: IV. SPRING CREEK ASSOCIATION: Discussion and consideration of a request from the Spring Creek Association to support their concerns in the form of a Commission opinion letter PAGE 5

6 regarding the Spring Creek Utilities Water Rate Increase application before the Nevada Public Utilities Commission. Zee Gilbert, SCA President, stated over the last few months they knew Utilities Inc., would file their Integrated Resource Plan which they were required to do every three years. She noted they anticipated a water rate increase. She noted a water committee was formed in the past consisting of SCA board members, residents, and staff and they made an effort to watch what was going on. She noted the committee attended every one of their meeting to keep abreast of this. Zee Gilbert stated they saw newspaper articles that the water rates were going down and then a week ago Friday they saw in the newspaper that there would be a 13% water rate increase. She noted the committee did not know anything about that increase. She stated the Public Utility Consumer session for this rate increase was last Thursday so they had six days to prepare for that. Zee Gilbert estimated 75 people attended that meeting from the SCA and a lot of the people came to their office who was upset. She gave a historical review noting the association had 5,400 developed lots with approximately 800 were undeveloped. She understood the population was approximately 17,000 to 18,000 now. Zee Gilbert commented in the rate increases stopped the residents from watering their yards and weeds grew making it a dry situation. She stated in order to get some support they asked Gary Zunino, Elko County Fire District Administrator, to send them a letter. Zee Gilbert read a portion of Gary Zunino s letter into the record as follows: Spring Creek is considered a high risk community in what is termed wildlife urban interphase WUI. Communities within the WUI has suffered many losses due to wildland fire throughout the west over the last decade because these WUI communities pose such a challenge to the fire protection agencies many efforts are underway to reduce the risk of wildfire entering these communities and/or improve the chances of firefighting resources to protect homes and structures when fires do occur. As you are most likely aware, it is not possible for the Fire District to place personnel or equipment at every structure during large wildfires. Defensible space and green landscaping are vital to our ability to protect homes and allow homes to survive during wildfires. Over the last several years, it has become apparent - obvious many homeowners served by Spring Creek Utilities have made a decision either to not maintain their existing landscape or to not install any landscaping. Many homeowners have simply quit watering their existing lawns, shrubberies, and trees thereby leaving dead and dying vegetation or weeds where there used to be green or less flammable vegetation. When asked the majority of the homeowners have indicated the primary reasons for no longer maintaining their defensible areas were due to the high cost of water for which they can no longer afford. This lack of maintenance has led to an increasing risk to not only PAGE 6

7 individual homes but to the community as a whole to catastrophic wildfire. Zee Gilbert stated this latest increase would hit the residents in their personal pockets twice. Once they would pay if they were watering their lawns and using household water and the second time because of the huge increases that would affect the Association. She explained the Association waters the golf courses, two parks, and the marina. She noted these rate increases happen every three years. Zee Gilbert submitted documentation showing the Association s water/sewer rate increases from 2008 through 2014 depicting the cost increase and the gallons used. She noted the SCA used an average of 75,591,607 gallons of water over the last six years. She reported in 2014 the Association paid $347, dollars which was less than 2013 s $450, because they had more moisture during the summer. Zee Gilbert reported the rate increases were based upon the meter size and the Association s rate increase from 2008 to 2014 was % for the base rates. She noted tier pricing also had changes. She commented in 2015 there would be 13% increase in water costs, 99.81% increase for meters and 18.63% increase for sewer. Zee Gilbert asked for the County s support. She commented the water committee determined that there were a few things that could be done differently and Thomas Whittle would explain those. Thomas Tom Whittle, a SCA resident and member of the water committee, stated Spring Creek Utilities Company has submitted an Integrated Resource Plan (IRP) to the Public Utilities Commission of Nevada. He noted the PUC requires the Utilities Company to submit an IRP every three years. He noted the Spring Creek Utilities Company 2015 IRP outlined a 20 year plan to meet the demand for water services and includes an immediate three year Action Plan. Tom Whittle stated the Utilities Company submitted the IRP to the PUC at the end of December 2014 for $6,098,749 for 18 water operations projects to be accomplished in He noted the Utilities Company was requesting that 7 of these action plan projects be eligible to receive a System Improvement Rate (SIR). Statute NRS allows the qualifying utilities to bypass the rate hearing process so they could recover investments from approved capital projects. Tom Whittle noted the statute also allows the utilities to apply for rake hikes to cover reduced income from lower water sales due to conservation measures. He stated NRS in effect short circuited the rate hearing process and favors the utilities instead of protecting the consumer from exuberantly high water rates. Tom Whittle commented the System Improvement Rate (SIR) would apply to seven projects: replacement of water tank 106A, replacing well #8, replacing high tank and 4 projects for the construction of 5 totally new dedicated water lines. Tom Whittle stated the total requested cost for all of the 3 year action plan projects was $5.9 million dollars which was more PAGE 7

8 than the $5 million dollars granted by the PUCN in the previous 2011 rate case. He noted that action resulted in a 65% increase in the Spring Creek water rates. Tom Whittle stated the committee felt some of the projects were necessary such as water tank 103A which was taken off line last year due to structural instability. They believed the refurbishing and installing protection in the existing tanks was also justified because the tanks have not received maintenance over the past. The water committee believed the 4 projects (dedicated waterlines for wells 101 & 5 projects, the dedicated waterlines for wells #4, #10 and #14) in the 3 year action plan and the SIR were not crucial to the system and could be addressed in a less expensive manner. Tom Whittle stated the individual costs for the proposed dedicated waterline projects range from $654,000 to $945,000 for a total cost of $2,566,745. He noted the lines were currently proposed as the solution for high water pressure issues in the water delivery system. He stated the utility company constructs new waterlines without addressing the existing poor to very poor pipe in the same problem areas of the system except in the 20 year plan. He noted the replacement of the system lines in poor shape would also be expensive. Tom Whittle stated a third new tank in the 300 track was requested for the year 2019 and dedicated waterlines for wells #1, #3, and #11 will drive a request for another substantial rate increase for 2018 or be included in a future SIR. He commented with regards to the four dedicated line projects the committee felt the PUC water engineers should consider the possibility of the Utility Company placing soft startup mechanisms on the water pumps and installing additional pressure regulators in the distribution lines rather than constructing costly dedicated lines from the pumps to the water tanks. Tom Whittle commented there were two separate processes under consideration by the PUCN which would affect the water rates for people in Spring Creek: the proposed 2015 IRP and the other was the 2015 rate hearing. He noted the Utility Company 2015 IRP document states the proposed capital projects under the 3 year action plan would increase the annual rate of the water users by 11.4%. The rate case certification filing submitted by the Utility Company on March 11, 2015 revised the initial rate from reduction to a 13.19% rate increase. Tom Whittle noted if the two requests were granted the annual water rates would rise by a total of 24.59%. Tom Whittle said the final certification filing submitted additional cost and water consumption for the period of August 2, 2014 through December 31, 2014 stating the water revenue requirement for Spring Creek Utilities Co., had increased by 2.8% from $4,715,404 to $4,848,590. The request for changes in the annual water rates was based on the water revenue requirement. He noted the Utilities Co said there was a significant drop in water usage during August 1, 2014 through December 31, 2014 and the water committee questioned if the seasonal drop in water usage that annually occurs in PAGE 8

9 fall was taken into consideration. Tom Whittle commented during the summer of 2014 there was more precipitation than normal during the last part of July and August so the water usage would definitely go down. He stated the water committee believed the PUCN needs to be encouraged to consider the climatic data for the certification period. He questioned whether a weather anomaly that occurred over a month or two should be considered a weather variation trend to base increasing the water rates for the next three years. Tom Whittle stated what they were using to base the 13.19% increase in water rates was the water usage dropped during that six month period at the end of He noted Spring Creek Association and the water users in Spring Creek were requesting that the Elko County Commission write letters to the Public Utility Commission of Nevada and the Consumer Protection Bureau specifically asking the PUCN consider the less expensive alternatives to the 4 proposed dedicated water lines project and the SIR requested by Spring Creek Utilities Co. Tom Whittle stated they would appreciate a letter including a request to the PUC to consider the climatic precipitation data for July, August and September of 2014 as compared to the same period for the three previous years. He noted any support for water rate stabilization that the Elko County Commission may feel pressed to include in the letter would be also be very much appreciated. He commented letters to the PUCN should be directed to Commissioner Dave Noble and comment letters to the Consumer Protection Bureau should be directed to Bob Cooper, Nevada Attorney General s Consumer Protection Analysis, whose address was rccooper@ag.nv.gov and comments regarding the IRP should include the PUC docket number and for the rate case docket number Commissioner Steninger stated the County Commission was very limited upon what they could do but he was more than willing to write the letters. Commissioner Guttry suggested Robert Stokes and county staff help him with the drafting of a letter. He believed there should be constructive suggestions submitted within the letter. Commissioner Steninger suggested opinion letters supporting Spring Creek s position and asking the PUCN to work with the Spring Creek Association on their suggestions Tom Whittle stated the committee looked at the projects that they proposed and believed the system was under designed initially. He stated the system was old and some of the materials that were used in the maintenance that occurred over the years were unacceptable. He acknowledged that there were issues that need to be addressed and they did address the $2.5 million dollar expensive options that would occur in the next three years for the dedicated water lines to control water pressure from surges by the water pumps starting up. Tom Whittle stated they felt that could be addressed with soft start devices upon the wells and PAGE 9

10 with pressure regulators which was less costly. He noted the climatic variation was what they were using for the justification for the rate increase. Commissioner Guttry inquired if he had been out there for a long time. Tom Whittle stated he had been a resident for twenty-four years. Commissioner Guttry questioned whether the rates in the past have been low because there was not the proper maintenance and upgrades performed on the system. He believed they were now having to pay for the upgrades that were not done in the past. Tom Whittle stated they have tried to encourage through meetings with the Utilities Company an orderly staged set of projects to take care of this. He stated the company has scheduled projects over twenty years but there were huge rate increases that would create a change of life out there and create fire hazards, etc. He stated ultimately that would disvalue the properties out there. Commissioner Guttry suggested staff develop a letter of support and send it to Zee. Commissioner Andreozzi asked if the PUC made a decision or was the decision pending. Tom Whittle replied the PUC had not made a decision and there was a public hearing scheduled in Carson City. He stated there were a couple of points of process they would have to go through. He noted they were told the final decision would be rendered around the 1 st of July. Zee Gilbert stated there was a hearing scheduled before the PUC on the 27 th and 28 th of May. Commissioner Andreozzi noted legitimate points were brought up and he felt the rate increase should be over a three year period. He believed the usage on a per capital basis should be up due to the increase in homes. He stated with regards to the anomaly when there was precipitation there should be an average taken. Commissioner Andreozzi did not question the system needed some upgrades and maintenance but questioned if they were the most cost effective and efficient. He believed the alternatives should be considered and questioned the incentive for the utility to be the most cost effective option. He it appeared that there was no depreciation built into the base rate. Tom Whittle stated depreciation was built in and it was a new process they were implementing with the SIR process which came from Assembly Bill 436 that was passed in He noted the SIR portion, if all the projects were approved, would be attached to the bill similar to the items shown upon an electric utility bill. Tom Whittle stated based upon their estimates the newspaper came out with a total of $8.75 but that would be broken down to the individual seven projects. Tom Whittle stated over time as the item was depreciated that amount would be reduced. He noted the way the Bill was introduced there was a potential for PAGE 10

11 another SIR to be interposed in the future, overlapping and being paid by consumers. Commissioner Andreozzi inquired if there was some retained earnings sitting somewhere for depreciation. He believed they were trying to build it into the infrastructure schedule now. Tom Whittle stated the law allows the utilities to get approval to make any improvements and include that in their rates to recover their costs as well as their operating expense. He commented Spring Creek got in a legal hassle as an intervener in one of the previous rate hikes and could present actual engineering data to be considered in the final process. He noted the legal fees that the utility incurred were actually passed on in rate raises later on. Commissioner Andreozzi inquired if any of the utility s upgrades were due to water quality issues or was it simply system upgrades to the infrastructure. Tom Whittle stated it was mainly infrastructure. He stated there was good water quality overall and the main issues was infrastructure and capital projects being proposed. He noted some of the capital projects proposed was needed but some were questionable. Commissioner Guttry noted when he sat on the City Council they went for years without water/sewer rate increases. He noted they had depreciation built in the rate so they had accumulated money for upgrades. He noted there were some times when the rates were not sufficient to cover the costs and the people were outraged with the 10% increase. Commissioner Guttry stated they learned it was best to have gradual rate increases. Tom Whittle stated they were a city utility so it was not governed by the PUC as a private utility. He understood the private utilities were not allowed to collect funds for future projects; they were only allowed to propose the projects and raise the rates to cover their capital investment. He stated they were not eligible for grants like the city was. Tom Whittle stated they had been facing substantial rate hikes over the last six to nine years. John Carpenter stated the Spring Creek Association was in a bind because the PUC supported the utility. He believed they should ask what their rate of return was because when he became involved the return was high. John Carpenter noted at one time the utility was owned by a British company. He was a County Commissioner when the Association was created. He believed this was lack of maintenance by the companies that purchased the utility. Commissioner Guttry inquired if the rate of return was set by law. John Carpenter believed it should be but they really don t know their rate of return. He stated PUC could look at their books. Commissioner Eklund inquired if the Spring Creek Association has the authority within their agreement with the utility to audit their books. PAGE 11

12 John Carpenter doubted if that authority was granted to them. He stated the PUC could audit them. He stated there was a fight every year they go down to the PUC because the PUC sided with the utility. He noted they did get the arsenic issue addressed with the less costly option. MOTION: Commissioner Steninger moved that we support Spring Creek concerns over the Spring Creek Utility s rate hike application in the form of opinion letters to the Public Utility Commission of Nevada, and the Nevada Attorney General s Bureau of Consumer Protection and that we direct staff to work with the Spring Creek Association on the wording of that letter. Commissioner Eklund seconded that motion. Commissioner Andreozzi stated in the context of the letter there should be a plea that the PUC consider all of the increases that the Association and citizens have incurred. He believed the PUC should be sensitive to the previous rate increases and reevaluate any options for improvement plans that were being suggested to be more cost effective. He felt the PUC should consider the precipitation information discussed earlier. The motion passed unanimously. 2:41:01 PM: V. ELKO COUNTY JUVENILE PROBATION DEPARTMENT: Presentation regarding the Elko County Juvenile Probation Department by Mike Pedersen, Chief Juvenile Probation Officer, on the responsibilities, activities and ongoing programs of the Department. Mike Pedersen stated he had been the Deputy Chief Probation Officer since 2001 and Chief Juvenile Probation Officer since He gave a presentation upon their programs inclusive of the being a partner with the Elko City Police Department on graffiti removal during spring break. He noted the kids would remove graffiti with secured funding and donations for equipment and materials. Mike Pedersen reported the Leader in Me Program was initiated in 2008 in the Spring Creek Elementary School. He stated they brought in probation officers to the school to teach them the Seven Good Habits. He said they began with 1 third grade class and 2 fourth grade classes at Spring Creek Elementary consisting of 68 children. Mike Pedersen stated they have tracked them for the last eight years and they were now sophomores and juniors in high school. He stated of the 68 kids only one was referred to their department for a curfew violation. He said they went to Southside and North Elementary Schools to see where those 3 rd and 4 th grade students were. Mike Pedersen stated they have been referred to their department almost ten times more than the school that the program was in. He stated they took their Leader in Me Program to the School District and they granted them permission to go to any of their schools with their program. He stated now they do not have enough staff to offer the PAGE 12

13 program to all the schools. He stated they went to the Leader in Me Symposium in Utah and saw the progress of the program in their schools. He stated they took a Nevada Supreme Court Justice to the symposium and the Judge was looking for support for the program statewide. Mike Pedersen noted most of the attendees at the seminar were teachers and principals looking for cultural changing environment in elementary schools. He stated they were trying to do this program with funds left over from grants as an alternative program. He stated in June this summer three schools within the District will start the Leader in Me Program. Mike Pedersen stated they hoped to take the program from Kindergarten to the upper grades to make a cultural change. He noted the teachers, custodians, bus drivers, and cooks will also receive the education upon the Seven Good Habits because they will see the change in the students. He noted they would receive support from the FranklinCovey team to teach math, science, English and reading which wraps around the Seven Habits curriculum. He commented their program was getting noticed through the student referrals to other communities. He noted the Carson City Probation Department had contacted them for more information. Mike Pedersen stated the habits work in finance and changing behavior. He noted they would seek a three year grant for a fundamental health specialist that would help find the root of the problem when they meet with the families. Mike Pedersen stated former Commissioner Warren Russell had suggested that he find a grant and come back to the Commission with data to seek a County match. He noted for three years they ran an evening reporting center and saw state commitments. He commented the grants were not meant to last forever so when the grant ends they have to decide whether the program works or not. He supported putting a mental health specialist on staff to address behavioral issues. Mike Pedersen stated most of their probation officers were involved in the community as coaches and give back to the community. He stated they would give a presentation on their budget. He noted the Prison Rape Elimination Act (PREA) standards would take effect in 2017 and will require more staff per inmate ratio within their Juvenile Detention facility. He stated that ratio would not be recommended to the Commission and they would try to do what they could with what they have. Commissioner Guttry requested clarification that those recommendations would not come until Mike Pedersen stated in the tentative budget they have requested additional staff for the detention facility. He stated they were told they need a 3 to 1 ratio but they have two on staff 24/7 but they cannot be counted according to PREA standards because they were running the control boards, booking, and answering phones. He believed they had options they would propose next year. PAGE 13

14 Mike Pedersen stated if there was a program which was not benefiting the community then it would be discontinued. Commissioner Guttry inquired about the WAIT Program. Mike Pedersen stated the WAIT Program in West Wendover was still up and going. He noted the partnership with the Boys and Girls Club on a local WAIT Program was not successful. He stated the Boys and Girls Club was doing a great job on their own. He commented they could not get sufficient volunteers for the WAIT Program. Mike Peterson supported the Leader in Me Program through the elementary schools. 3:02:06 PM: VI. ELKO COUNTY SHERIFF S OFFICE: A. Discussion and consideration of the approval of a contract extension to June 30, 2016 for Mary Ann Laffoon as the Citizen Corps Program Coordinator. This contract is funded by already secured Federal grant monies that pass through the Nevada Division of Emergency Management State Homeland Security Program Grant. Mary Ann Laffoon requested extension of the contract until March 2016 and she would utilize the funds that she had secured. Commissioner Guttry had read about the program and supported her and the program. MOTION: Commissioner Andreozzi moved to approve a contract extension to June 30, 2016 for Mary Ann Laffoon as the Citizen Corps Program Coordinator. Commissioner Eklund seconded the motion. The motion passed unanimously. B. Nevada Division of Emergency Management State Homeland Security Program 2015 Federal Fiscal Year Grant Application Discussion and consideration of authorization to apply for a Citizen Corps Program Grant for Federal Fiscal Year Mary Ann Laffoon requested that they affirm that she could submit an application for the grant. She stated if they get that funding then it could go into the FY 2016 program so they could continue throughout northeastern Nevada. Mary Laffoon commented they were getting third and fourth graders involved in emergency preparedness programs. She had testified at Washington in January regarding the recognition of the project and provided the rural aspect of what they do. She stated there was a youth strategy movement and they were part of it. Commissioner Guttry noted Sheriff Pitts sat upon that committee. PAGE 14

15 Sheriff Pitts stated there were no County matching funds required for this grant. MOTION: Commissioner Andreozzi moved to give authorization to apply for a Citizen Corps Program Grant for Federal Fiscal Year Commissioner Eklund seconded the motion. The motion passed unanimously. 3:07:50 PM: IX. ELKO COUNTY CODE: A. Attempted Battery Assault Definition In accordance with NRS and Public Notice , conduct the Second Reading and a Public Hearing for the consideration of the adoption of Ordinance , Bill A, entitled, AN ORDINANCE AMENDING SECTIONS OF TITLE 7, CHAPTER 1, SECTION 8 OF THE ELKO COUNTY CODE TO ADD THE ACT OF ATTEMPTED BATTERY UNDER THE DEFINITION OF ASSAULT. B. Update Name of Agency and Sets Fees by Resolution: In accordance with NRS and Public Notice , conduct the Second Reading and a Public Hearing for the consideration of the adoption of Ordinance , Bill B, entitled, AN ORDINANCE AMENDING SECTIONS OF TITLE 5, CHAPTER 2, SECTION 1 (A) AND (B), OF THE ELKO COUNTY CODE, TO UPDATE NAME OF AGENCY TO DIVISION OF PLANNING AND ZONING AND AMEND SUBSECTION (C) TO ALL THE BOARD OF COUNTY COMMISSIONERS TO SET FEES BY RESOLUTION. C. Update Name of Agency In accordance with NRS and Public Notice , conduct the Second Reading and a Public Hearing for the consideration of the adoption of Ordinance , Bill C, entitled, AN ORDINANCE AMENDING TITLE 4, CHAPTER 9, SECTIONS 6, 7, 10, 13 AND 14 TO UPDATE NAME OF AGENCY TO ELKO COUNTY DIVISION OF PLANNING AND ZONING. D. Update Name of Agency In accordance with NRS and Public Notice , conduct the Second Reading and a Public Hearing for the consideration of the adoption of Ordinance , Bill D, entitled, AN ORDINANCE AMENDING SECTIONS OF TITLE 5, CHAPTER 2, SECTION 2, 3, 4, 8, 9, 12 AND 17 OF THE ELKO COUNTY CODE, TO UPDATE NAME OF AGENCY TO DIVISION OF PLANNING AND ZONING. E. Update Name of Agency In accordance with NRS and Public Notice , conduct the Second Reading and a Public Hearing for the consideration of the adoption of Ordinance , Bill E, entitled, AN ORDINANCE AMENDING TITLE 5, PAGE 15

16 CHAPTER 4, SECTION 1, OF THE ELKO COUNTY CODE, TO UPDATE NAME OF AGENCY TO ELKO COUNTY DIVISION OF PLANNING AND ZONING. F. Updates Definition of Guest House In accordance with NRS and Public Notice , conduct the Second Reading and a Public Hearing for the consideration of the adoption of Ordinance , Bill F, entitled, AN ORDINANCE AMENDING TITLE 4, CHAPTER 1, SECTION 9 OF THE ELKO COUNTY CODE, TO UPDATE THE DEFINITION OF GUEST HOUSE. G. Addition of Guest House to Conditional Uses Section In accordance with NRS and Public Notice , conduct the Second Reading and a Public Hearing for the consideration of the adoption of Ordinance , Bill G, entitled, AN ORDINANCE AMENDING SECTIONS 2 AND 4 OF TITLE 4, CHAPTER 2, TO ADD ONE GUEST HOUSE PER PARCEL TO THE LIST WITHIN THE CONDITIONAL USES SECTIONS OF THE OPEN SPACE, SPECIAL LANDS, AND AGRICULTURAL-RECREATION ZONING DISTRICTS. H. Addition of Swine within the Maintenance of Animals In accordance with NRS and Public Notice , conduct the Second Reading and a Public Hearing for the consideration of the adoption of Ordinance , Bill H, entitled, AN ORDINANCE AMENDING SECTIONS OF TITLE 4, CHAPTER 2, OF THE ELKO COUNTY CODE, TO INCLUDE SWINE AND OTHER DOMESTIC ANIMALS WITHIN THE MAINTENANCE OF ANIMALS SECTION OF THE AGRICULTURAL RESIDENTIAL AND SPECIAL LANDS ZONING DISTRICTS. I. Location for Filing for the Elko County Zoning Map In accordance with NRS and Public Notice , conduct the Second Reading and a Public Hearing for the consideration of the adoption of Ordinance , Bill I, entitled, AN ORDINANCE AMENDING TITLE 4, CHAPTER 1, SECTION 7, SUBSECTION A, TO CHANGE THE LOCATION OF FILING OF THE ELKO COUNTY ZONING MAP FROM THE ELKO COUNTY CLERK TO THE ELKO COUNTY DIVISION OF PLANNING AND ZONING. J. Set Fees by Resolution In accordance with NRS and Public Notice , conduct the Second Reading and a Public Hearing for the consideration of the adoption of Ordinance , Bill J, entitled, AN ORDINANCE AMENDING TITLE 4, CHAPTER 9, SECTION 8 (C) OF THE ELKO COUNTY CODE, TO CHANGE THE LAST SENTENCE TO SET FEES BY RESOLUTION, AND ALL OTHER MATTERS RELATED THERETO. PAGE 16

17 Vice-Chairman Guttry had a discussion with legal counsel and was told that since this was a routine housekeeping issue they could approve all the second readings and ten public hearing ordinances. He called for public comment. No public comment was submitted. MOTION: Commissioner Andreozzi moved to conduct public hearing, Second Reading and adopt items outlined on our agenda under Agenda IX as A,B,C,D,E,F,G,H,I and J. Commissioner Eklund seconded the motion. The motion passed unanimously. 3:09:19 PM: RECESS Vice Chairman Guttry called a recess at 3:09 p.m. 3:21:32 PM: RECONVENE Vice Chairman Guttry reconvened the meeting at 3:21 p.m. 3:21:48 PM: VIII. FISCAL YEAR BUDGET: Presentation, review and discussion of FY Tentative Budget recommendations as prepared by the Budget Review Committee and County Staff including an examination of revenues, expenditures and transfers for the upcoming budget year and all other matters related, thereto. A. Overview of Elko County Budget Status, Revenue projections and estimated expenditures. B. Review and discussion of recommendations from the budget committee in regards to specific department requests, available funds and proposed tentative budgets for the Elko County Operating Funds. Debbie Armuth during a PowerPoint presentation gave an explanation of the multiple districts and their various funds included in the budget process. (A copy of the presentation was attached to the minutes) Commissioner Guttry requested that she explain the transfers-ins. Debbie Armuth stated transfers-in were typically the same each year one of which was the PILT monies and the Jail Special Revenue monies which was a tax override. Commissioner Andreozzi inquired if the building permits cover the cost of that department s operation. Debbie Armuth replied no, the permits fluctuate upon the County s growth. Commissioner Guttry noted the City tried to make sure their fees cover the costs. He commented in the County they subsidize many costs such as outlying water and sewer fees. Debbie Armuth stated last year $1.4 million dollars was budgeted for the entire Community Development Department. She gave an overview of the revenue sources and tax rates by taxing districts for Elko County. PAGE 17

18 Commissioner Steninger noted the County only levied one-half of what they were allowed to levy in taxes. Commissioner Guttry requested clarification on the.7500 tax rates for the School District and the.7500 rate for the School Capital Projects was what they get from Elko County for capital improvements for their buildings and the state monies was being utilized for operations. Cash Minor explained one of the.7500 tax rates was for operations and the second.7500 tax rate was for the Pay As You Go program and additional operating funds come from the State s permanent school funding. He noted every County was mandated to do the.7500 for operations for the School Districts. He commented Elko County was the only County that had the.7500 tax rate for Pay As You Go program. Debbie Armuth gave an overview of the assessed values and revenue estimates for FY 2014/2015 and FY She noted Jackpot and Mountain City has seen a decline in assessed value and population. Commissioner Andreozzi inquired if that was because of the depreciation factor built in for the Assessor on specific property. Debbie Armuth stated the property was appraised and the Assessor could explain the decrease. Debbie Armuth gave a historical review of Net Proceeds of minerals from FY 2005/2006 to FY 2015/2016. She noted Net Proceeds was excluded from the 3% tax cap. She commented Elko County utilized the Net Proceeds for capital improvement projects and tried not to use these funds for operations. Commissioner Andreozzi commended the County upon their policy of not utilizing Net Proceeds for operations. He commented several years ago the State asked the mines to do a prepayment and inquired if those advanced payments were finished. Cash Minor replied no and in 2013 was when that over expenditure happened. He commented there were still advanced payments sitting at the State and there was a bill at the legislature to exempt local governments from those pre-payments so it would be assumed on the State s portion. Cash Minor stated the mines were still prepaid over and above their actual estimates. Debbie Armuth reviewed the department s budget process and what functions the individual departments were in. Commissioner Andreozzi inquired about the Roads Department Budget. Debbie Armuth replied these were the Operating Funds and Roads was funded through gas tax which was in a separate fund. She displayed a chart depicting the operating fund and category expenditures. Debbie Armuth commented the County did not have any debt service. She gave an overview of PAGE 18

19 the budget deadlines for the tentative and final budgets to be submitted to the Department of Taxation. Debbie Armuth commented the Department of Taxation s Net Proceeds projection was $6.1 million dollars for Elko County. She noted the $2.3 million dollars was for the pre-payments so the estimated net taxes due was $3.8 million dollars. She commented the State gets $130,000 of that for the debt and the State General Fund was $1.8 million dollars. She noted of the County s $1.8 million dollars the School District gets 60% to 70% so the County would receive approximately $478,000 in Net Proceeds. Debbie Armuth commented the County s portion was further allocated down to the entities. She stated in FY2013/14 they estimated a $4.1 million dollar ending fund balance and they had a $6.1 ending fund balance which shows they budget very conservatively. Debbie Armuth stated in their packet the numbers were not correct because it should have been $4.1 million dollars but their packet showed $4,320,000 and the difference was a correction. She noted these were budget estimates and they would take the $6.1 million dollar ending fund balance. She stated there were several adjustments for charges of services which were map, Recorder s fees, reimbursement from the City of Elko and the extradition fees that had been declined. Debbie Armuth stated the fines/forfeits and miscellaneous revenue had increased. She stated the only changes in expenses were to the services and supplies because the election fund would not be expended this year. She stated they did not expect the capital outlay to be entirely expended this year and the Court assessments were not always expended each year. Debbie Armuth stated for the current year the base number was what the Budget Committee started with and that included the contract rollups which was 3.6% overall, employee benefits increase of 1%, the services and supplies went up less than 1%, and the capital outlay. She noted the only change to the transfer-outs was a reduction of $75,000 from the prior year regarding the Net Proceeds funds being distributed. Debbie Armuth stated they tried to have an 8.3% ending balance which would be a $2,957,337 ending balance but they have $2,946,511 so it was approximately an 8.2% ending fund balance with no additional changes. She reported there were $5.2 million dollars in requests and they were typical requests. Debbie Armuth stated the Budget Committee had only time to review the personnel items and noted $519,000 was recommended approval for the tentative budget which left a 6.77% ending fund balance. Commissioner Guttry stated that the ending fund balance of $2.9 million dollars was the recommended balance that they should have which was 1/12 of the budget. He stated if they look at that they have a $10,000 deficit and they have $1.6 million dollars in requests just for personnel. He stated they were already $10,000 in deficit according to the recommended ending fund balance PAGE 19

20 before they start looking at new employees and services and supplies so it was very discouraging. Commissioner Guttry stated they would have to reduce the ending fund balance to grant any of the personnel requests and services and supplies. He stated the roll up costs just for personnel was 3.6%. Commissioner Andreozzi inquired if they would see similar revenues this year as they saw last year. Debbie Armuth stated the budgets in FY 2015/16 were relatively close but the difference was the 4% in assessed value for property taxes and she did a 2% increase in consolidated taxes. Commissioner Andreozzi noted her estimate on the consolidate taxes came in very close. Debbie Armuth reviewed the personnel requests that were recommended by the Budget Review Committee as follows: 1 detective for the Sheriff s Department; Controlled Standby request was $32,000 but they recommended $15,000; granted purchase of service credits; 2 deputies in the Jail because of the Jail expansion; personnel for the Elko County Fire Protection District; the Carlin Justice Court request to have city/county clerks wages the same; DA office for one attorney and reorganization; adjustment to Civil Deputy position; changes to the Child Support Office which would be minimal cost to County at 34%; for a total of $519,000 in personnel requests. Commissioner Guttry commented it helped when the departments come up with reorganizing within their department so they can get personnel they actually need and it saves money. Commissioner Andreozzi stated he had inquired how many employees were in the County and Debbie had provided that information. He inquired if the amount in the 2015 column included what personnel was requested. Debbie Armuth replied no, those were the current positions. She stated the Budget Review Committee would review the services and supplies and the capital outlay. She noted for the past several years they have funded the capital outlay from the capital projects funds as well as the Building and Grounds requests because they were one-time expenditures. She stated there was over $501,000 in services and supplies request and $1.8 million dollar requests for capital outlay. She commented previously they funded the Sheriff s replacement vehicles through a three year lease purchase program. Debbie Armuth stated the Sheriff s Department had requested funding for 10 vehicles. Debbie Armuth reported in January they received 61% of their consolidated tax which was over their estimates. She stated last year the Department of Taxation estimated $14.3 million dollars and the County s estimate was $13.2. She noted for this year the Department of Taxation estimated $14.3 and the County estimated $13.5 million dollars. PAGE 20

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