STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. DECEMBER 15, 2004

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1 STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. The Board of Elko County Commissioners met in a regular session on December 15, 2004, at 1:30 p.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko, Nevada. There were present: County Commissioners Mike Nannini, Chair John Ellison Warren Russell Sheri Eklund-Brown Charlie Myers County Manager Robert Stokes Deputy District Attorney Kristin McQueary Deputy County Clerk Marilyn Tipton Chief Financial Officer Cash Minor Sheriff Neil Harris Road Supervisor Otis Tipton County Clerk Win Smith Public Works Dir. Lynn Forsberg Planning & Zoning Dir. Randy Brown Acting Library Director Laura Oki The proceedings were as follows: CALL TO ORDER: Chairman Nannini called the meeting to order at 1:30 p.m. PLEDGE OF ALLEGIANCE: Commissioner Myers led the meeting participants in the Pledge of Allegiance. COMMENTS BY THE GENERAL PUBLIC: No public comments were submitted. TUUMALEAGA PESEFEA LAULU AUMOEUALOGO DAY PROCLAMATION: The Board consideration adoption of Proclamation 2004-J entitled, A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS PROCLAIMING SATURDAY, DECEMBER 18, 2004 AS TUUMALEAGA PESEFEA LAULU AUMOEUALOGO DAY celebrating her 100 th Birthday on December 1, PAGE 1

2 2004. MOTION: PAGE 2 Commissioner Myers moved to adopt Proclamation 2004-J, entitled, A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS PROCLAIMING SATURDAY, DECEMBER 18, 2004 AS TUUMALEAGA PESEFEA LAULU AUMOEUALOGO DAY. Commissioner NANNINI seconded the motion. The motion was passed unanimously. Commissioner Russell read the Proclamation into the record. Commissioner Ellison commented that he knew the family and stated that he had a certificate from Congressman Gibbons for her and would deliver that to her on Saturday. PLAQUES OF APPRECIATION: The Board considered presentation of a Plaque of Appreciation to honor Jack E. Hull for his many years of service to the Community. MOTION: Commissioner Myers moved to present a Plaque of Appreciation to Jack E. Hull. Commissioner Russell seconded the motion. The motion was passed unanimously. Commissioner Ellison read the Proclamation into the record. The proclamation was presented to the family of Jack E. Hull. The Board considered presentation of a Plaque of Appreciation to recognize Leo J. Puccinelli for his many years of service to the Community. MOTION: Commissioner Ellison moved to present a Plaque of Appreciation to Leo J. Puccinelli. Commissioner Myers seconded the motion. The motion was passed unanimously. Commissioner Myers read the Proclamation into the record. The plaque was presented to Leo and Gertrude (Diz) Puccinelli. C.E. BRACKETT CATTLE CO.: Chet Brackett representing the C.E. Brackett Cattle Co., discussed the State Lands Question 1 application for the sale of 3, acres of private land known as Dave s Island in northern Elko County to the Nevada Division of Wildlife for wildlife habitat purposes. He stated that he was sensitive to the public land issues. Chet Brackett felt it was better to have more private lands available for development which would benefit the Counties. However, with regards to this area, he believed it would be best for this land to be acquired by the NDOW because of the sensitive conditions upon the land. Commissioner Ellison inquired about his cattle operation and restrictions placed upon him by the government. He inquired if Chet Brackett had tried to sell to private entities. Chet Brackett stated that any private entity would face the same

3 problems and U.S. Fish and Wildlife restrictions that he had faced. Commissioner Myers noted that Chet Brackett had talked to them earlier about limited use due to habitat restrictions. He stated the tax liability for the acres was only $ per year and that would be ongoing with the State ownership. Commissioner Myers stated that only 3313 acres would be involved. Commissioner Ellison felt once it went to governmental ownership it would never go back to private ownership. Commissioner Myers stated he personally supported this and commented that the Rocky Mountain Elk Foundation was interested in it. He noted there was some concern that it would go to U.S. Fish and Game. He felt it would remain as NDOW property. He noted that this area was very rural and was prime habitat for elk. Commissioner Myers felt that the Elk Foundation would be involved. MOTION: Commissioner Myers moved to approve the C.E. Brackett Cattle Company letter of support for Question 1 funding for acres. Commissioner Eklund-Brown seconded the motion. Roberta Skelton stated her concern was recreation in Elko County such as hunting and fishing. She acknowledged that there may be bull trout habitat. However, with the U.S. Fish and Game coming into to play, she wondered how many restrictions would be applied to this area. She asked that public use be considered by whoever was going to write the program for this area. Steve Foree of NDOW noted that there would be changes out there if the State takes ownership of that property. Because half of the funding for the purchase was coming through a grant from the US. Fish and Wildlife Service, they would have to consult with the U.S. Fish and Wildlife Service. He stated the public would have a say in the proposed management. He stated that the Department of Wildlife had tried to increase the public access. Steve Foree stated they would try to maintain public access as it was now. He stated the existing road went up the bottom of the creek and he felt that there may be a problem with that. He was positive that horseback and walking access would be maintained if NDOW acquired the parcel. Blaine Mowrey noted that was the only access through the canyon to get their fire equipment into the other canyons if there was a wildfire in that region. He was concerned that they would close off that access due to the creek. Bryan Lamont of the Rocky Mountain Elk Foundation stated that he would work with the Bracketts and the Department of Wildlife. He stated that the foundation would probably invest in this project. Commissioner Eklund-Brown inquired what would the group come forward with as recommendations for the habitat improvement plans, if this purchase went forward. Bryan Lamont stated that the Elk Foundation had funded $80,000 worth of habitat projects within Nevada. PAGE 3

4 Bryan Lamont stated that at this time no specific projects had been designated. Commissioner Eklund-Brown commented upon the previous Howard Ranch sale and the degradation of the ranch land. She felt it was important that those similar things did not happen to this area. Commissioner Eklund-Brown asked for his perspective on this. Bryan Lamont noted when the State or Federal land management agencies come to them with proposals, they review those proposals. He stated that if the proposals meet their approval then they would attempt to fund them. Bryan Lamont stated with regards to the Howard Ranch it was in NDOW hands. However, he stated that the elk foundation did help with that acquisition. Commissioner Eklund-Brown noted that there were a lot of noxious weeds present on the Howard Ranch. She felt that there should be management plans prepared before the acquisitions to prevent future problems. Bryan Lamont felt that it would be hard to create a proposal because it took time and money. He noted they were concerned in putting in a lot of time and money into it before the acquisition. He believed that the elk foundation would support any projects and fund them because they felt elk habitats were important. Commissioner Eklund-Brown inquired if the Rocky Mountain Elk Foundation felt it was important for elk habitats in this area. Bryan Lamont stated they fully supported this for elk habitats. Steve Foree of the Department of Wildlife stated that if they acquire the properties they would have an Interim Management Plan which would deal with the fencing and noxious weeds. He stated there would be a public process to develop a full management plan. He stated they were working on noxious weeds at the Howard s Ranch. Commissioner Myers voted aye. Commissioner Russell stated that there were three issues which concerned him. He noted that NACO had a policy of no net loss of private property. He stated that Elko County had supported this policy. He commented that this was a net loss. He stated that there would be public grazing through the State of Nevada. However, they would lose more than 3,000 acres to a governmental agency. Commissioner Ellison supported the elk and deer but felt they could coexist with the ranching and hunting. He did not support this because the government regulations and restrictions were putting someone out of business. He acknowledged that this man had went through a lot of problems. Commissioner Eklund-Brown stated she had spoken with Robert Williams of the U.S. Fish and Wildlife Service in Reno after the SLUPAC meeting. She was informed by Mr. Williams that the acquisition of this property could alleviate some of the stress on the South Canyon Road. Commissioner Eklund-Brown stated the US Fish and Wildlife felt they needed areas where the bull trout could spawn and the bull trout were already in this area and spawning there. Commissioner Eklund- PAGE 4

5 Brown stated that the U.S. Fish and Wildlife were anxious for this acquisition to help with the number of trouts. She believed that this acquisition by NDOW may make the U.S. Fish and Wildlife more receptive to having the road rebuilt in the South Canyon of Jarbidge. Commissioners Myers, Eklund-Brown, Nannini voted aye. Commissioners Russell and Ellison voted nay. The vote was passed by majority vote. WEST WENDOVER POLICE DEPARTMENT: DISPATCH - LEPC GRANT - E-911 Radio and Telephony Console System: Pursuant to Notice No NOTICE TO BID - E-911 Radio and Telephone Console System, bids were received and opened on December 1, Pursuant to bid review and tabulation results, the Board considered awarding the bid to the lowest responsive/responsible bidder. Gerald Antinoro of the West Wendover Police stated they had received a bid from McIntosh in the amount of $49, which would be within the grant amount of funding. He asked that they award McIntosh the bid. MOTION: Commissioner Eklund-Brown moved to award the bid to McIntosh Communications of Salt Lake City, Utah in the amount of $49, for E-911 Radio and Telephony Console System. Commissioner Russell seconded the motion. Kristin McQueary asked who would own these items, who would insure them and who would assign them. Gerald Antinoro stated that it would belong to Elko County but understood it would be housed under the West Wendover Police Department. He felt it would fall under their insurance umbrella. Commissioner Eklund-Brown stated that she understood that anything purchased by LEPC through these grants would become County property. The motion was passed unanimously. Chairman Nannini called the Jarbidge Town Board to order at 2:02 p.m. and reconvened the regular meeting at 2:15 p.m. SALT LAKE BASIN AND SALMON FALLS SOLID WASTE MANAGEMENT DISTRICTS: Pursuant to Notice No , REQUESTS FOR BIDS - Solid Waste Refuse Hauling and Disposal in the Salt Lake Basin and Salmon Falls Solid Waste Management Districts, bids were received and opened on November 29, Pursuant to bid review and tabulation results, the Board considered awarding the bid to the lowest responsive/responsible bidder. PAGE 5

6 The Salt Lake Basin District area included Montello and Pilot Valley which both areas utilized waste bin facilities. The Salmon Falls District area included the Jackpot Solid Waste Transfer Station located in Jackpot, Nevada and the Unincorporated Town of Jarbidge which had a waste bin facility. This request for bids was for the service of both districts. Cash Minor noted they had received copies of his spread sheet which involved the areas of Jackpot, Montello and Jarbidge. He had estimated the tonnage and trips based upon their past annual usage. Cash Minor reviewed the figures from the spread sheet for all three areas. He commented that in April 2004 they went from containers to semi-truck trailers. Cash Minor stated the bid included all three areas based on the estimated trips and tonnage. He noted that Southern Idaho Solid Waste appeared to be the lowest bidder in this process. Cash Minor commented that the bid documents did not specify how long this contract was to be in existence. He stated Southern Idaho Solid Waste had looked at it as a multiyear contract and provided a CPI adjustment. He noted that Elko Sanitation had bid for a one year contract. Commissioner Myers inquired about the overload fines. Cash Minor replied that they ran into overload fines coming out of Jackpot at the Idaho weigh station. Commissioner Myers inquired if that was a large amount. Cash Minor noted those fines would vary upon the amount of tonnage. Robert Stokes pointed out there had not been any overload fines for the last six years. Commissioner Russell inquired if it would be wrong to specify a single year or a multiple year contract when the motion was made. Kristin McQueary stated they could not make a contract greater than the term of the majority of the board unless they have contracted to setting the money aside for that. She stated they previously contracted with Southern Idaho for a multiple year term. She noted there had been one year extension granted over a three or four-year period. Cash Minor stated if the Board was interested in a multiyear contract they could probably direct staff and negotiate for a multiyear contract if legal counsel would approve. He believed that they could rank the bids. Commissioner Russell supported a multiyear contract and inquired how that would affect the bidding process if both parties were aware of the amounts on the contract. Kristin McQueary noted it was a cost benefit analysis to them. She stated a multiyear contract would make a difference in the bids. She stated if there was a big fuss then they could not accept the bids and put it back out for rebid and specify the term of the contract in the bid documents. She believed that there would be a cost benefit analysis for any of the other parties, if they put in a bid. Commissioner Russell stated he would like to see a multiyear bid with a cost analysis. Commissioner Ellison inquired if Cash Minor had compared that to the existing rates. Cash Minor stated the Jackpot area containers were switched to the trailers PAGE 6

7 and there was a cost decrease. Commissioner Ellison stated he would like to see the bids kept in Nevada but noted these bids were too far apart. Commissioner Russell suggested they award the bid on a one year basis and have staff come back in the subsequent year with a bid for a period of three or four years. Tim Brown noted that he had bid the amount upon a yearly basis because the past boards voted upon the contracts on a yearly basis. He asked that the Board consider it as an annual rebid because this went out of State. He stated that in two years from now their bids would change because the City of Elko landfill fees would be reduced. He asked it to be considered as a one year contract. Butch Smith stated that the costs to remove the solid waste from the Jarbidge Canyon would triple and that would hurt a lot of the people on fixed incomes. MOTION: Commissioner Ellison moved to award the bid to Southern Idaho for a one year contract for the solid waste refuse hauling and disposal in the Salt Lake Basin and Salmon Falls Solid Waste Management Districts. Commissioner Russell seconded the motion. The motion was passed unanimously. Commissioner Nannini asked staff to look at a three-year contract at the expiration of this yearly contract. ELKO COUNTY CLERK S OFFICE: Win Smith discussed and the Board considered authorization of an additional Deputy Clerk position in the Clerk s Office to operate the Statewide Voter Registration System requirements for Elko County. Win Smith stated that there was a federal mandate to have a Statewide Voter Registration System by January She stated the Secretary of State had let a contract to a company named Covansysis. She had spoken to representatives of that company about a month ago and had asked them about space and manpower. She was told that during the first year they may need two people. Win Smith acknowledged that was not a viable choice for Elko County. She was asking for another employee due to this State mandate. She had previous discussions with Commissioner Nannini and Robert Stokes. She suggested a permanent part-time person starting in April. Win Smith stated that for the last three months of the Fiscal Year that person would be a temp and have no benefits. She stated they would have to go throughout the State to address the different systems within the counties. Win Smith stated that there were thirteen counties within the State which had an ADS System. She noted the Covansysis Company had already contracted with three States with regards to the Statewide Voter Registration System. Win Smith noted it would take a lot of time to convert the system and then it would be an ongoing process to update the system. PAGE 7

8 Commissioner Nannini stated this was an unfunded mandate. He noted their contingency fund would be depleted at the end of the year. He stated Win Smith was willing to get by with her current staff until April. Robert Stokes noted this was not a budgeted position so they had activated the Vacancy Review Committee. He stated that he, Sheriff Harris, Jerry Reynolds, and Win Smith had discussed this position this morning. Robert Stokes stated in going over the new voters registration system requirement, the committee supported the new position for three months until it could be addressed through the budget process. Commissioner Ellison noted that Win would not have another election for two years. He commented that the people had voted against any new unfunded mandates. Commissioner Ellison acknowledged that they were shorthanded regularly in her department but felt they had two years to get ready for the next election. Win Smith explained that there was a difference between election and the voters system. She stated the election system only ran during the election year. However, the voters system was a daily process. She noted the old system would have to be converted over to the new system which would be very time consuming. Win Smith commented this was a federal mandate through the HAVA Bill what was signed into law. She reiterated that this voter s registration system had to be in place by January Win Smith stated that every single voter s registration must have a bar code placed upon it. She noted that Covansysis system would allow them to look into the record to see if someone was registered into another County within the State. She stated this process would allow them to be in constant contact with the different counties within the State and enable them to verify the correct residence of a voter. Robert Stokes noted the election process started early in the year of Win Smith stated that there was a push to change the primary election date. She commented that the Clerks only had 45 days from the primary to the general to prepare for the general election. Commissioner Ellison inquired if Cash Minor was involved with the previous meeting of the Vacancy Review Committee. Robert Stokes replied that Cash Minor was not present at the time but was aware of the issue. Cash Minor stated there was money available in the contingency for a parttime position for three months. Commissioner Russell noted in a month or two they would look at the budget. He commented that Win first came to them for two positions when this subject was first approached. Win Smith clarified that she had only asked for one position but the company had suggested two people. Commissioner Russell stated he was very uncomfortable because they had not planned for the following year. He noted that it was not just Win but other Department Heads which had come to them in the middle of the budget year and asked for another position. Win Smith explained that PAGE 8

9 at the prior meeting she stated Covansysis had suggested two people. She was aware that the Elko County could not budget for two people. Commissioner Russell suggested that she request the position during the next budget process. Win Smith commented that the question had been asked by the Vacancy Review Committee why she had not asked for another person before. She explained that she did not come to the Commissioners before because she thought her office could absorb this task. However, after speaking with the Covansysis people, she realized that her office could not absorb this system s duties in her office. MOTION: Commissioner Ellison moved to approve the permanent parttime position for the Deputy Clerk s position in the Clerk s Office. Robert Stokes noted that this position would begin in April. Commissioner Russell seconded the motion. The motion was passed unanimously. Commissioner Nannini thanked Win Smith for working with the Commission on this position. LIBRARY BOARD OF TRUSTEES/LAW LIBRARY BOARD OF TRUSTEES: Laura Oki stated that they were working with Beller and Associates to prepare the advertisement for the Library Director. She stated they were in the process of setting up internet connections for wireless so people could connect their own laptops up to the internet. Laura Oki noted that there were more than one hundred names on the Sugar Plum Tree this year. She stated there were only two people s names remaining on the tree. She stated the next Library Board meeting was scheduled on Tuesday at 7:00 p.m. Commissioner Russell commented that Laura Oki wrote a letter regarding maintenance on the library facilities within the County. Laura Oki stated that there was a long-standing policy that in any community where a library was located, then that community was responsible for the maintenance of that facility. She stated that maintenance was inclusive of the telephone, fax machines, roof repair, etc. Laura Oki noted that they never had a problem with that policy before. However, West Wendover was concerned about ongoing costs and requested clarification. Commissioner Nannini inquired about their fund raising after the first of the year. Laura Oki stated that would be Just Deserts which would be held in April. The Board considered authorization to solicit bids for new carpet for the Elko County Library. MOTION: Commissioner Ellison moved to solicit bids for the new carpet for the Elko County Library. Commissioner Russell seconded the motion. The motion was passed unanimously. PAGE 9

10 Commissioner Eklund-Brown inquired if this was included within the budget. Cash Minor explained it was budgeted within the capital improvements in the amount of $15,000 and the Library would match that amount to have $30,000 available. The Board considered the utilization of professional services to examine issues related to continuing water leaks in the Library. Kristin McQueary stated she had investigated this issue and pictures were taken. She stated they would have to call the contractor. Kristin McQueary stated that if they could not get satisfaction then they may have to take the next step which would involve hiring an independent expert for an assessment of why the roof would not work. She believed Commissioner Nannini felt that they should take the next step. Commissioner Myers inquired if they should meet with the contractor. Kristin McQueary stated that they did accept a warranty on the roofing material from the subcontractor out of Utah. Therefore, they have the obligation to give him the opportunity to make that right. Commissioner Myers inquired about the budget mechanism. Kristin McQueary stated she had spoken to Cash Minor regarding this. However, it depended whether the insurance pool determined that the library roof project with the contractor and the architect was a contractual problem. She cautioned that the insurance pool may not assume it. She stated if they determine that there were some problems with the building and it was under the building warranty then there may be some coverage. Commissioner Ellison noted she had suggested a consultant to review the building. Kristin McQueary wanted that to be the second step after the contractor was informed of the problem so he could have the opportunity to fix it. Krisitin McQueary stated that if he could not fix the problem then the County would need a neutral, non-bias expert tell us why the problem could not get fixed. She noted that every time they fix one problem then that seemed to cause another problem. Commissioner Nannini inquired who was responsible for the roof leaking. Kristin McQueary stated she would need technical help in determining that answer. She stated that was why she had asked permission to hire an expert. However, they should give the contractor an opportunity to look at the problem. Commissioner Eklund-Brown inquired what the costs would be. Kristin McQueary stated she did not know what the costs would be. Cash Minor believed that a Request for Qualifications would be required in the hiring of an expert. He stated this would have to be brought back before the Commission. MOTION: Commissioner Russell moved to authorize staff to get a Request for Qualifications for professional people as needed during this process and if there were costs associated then PAGE 10

11 this would come back for final approval. Commissioner Myers seconded the motion. The motion was passed unanimously. Commissioner Russell gave a library report on the cooperative effort to get a library in the Spring Creek area. He noted that people were interested in donating to the establishment of a Spring Creek Library. SAFETY COMMITTEE REPORT: There was no report given on the matters and the incidents coming before the Committee. Chairman Nannini called the Elko County Liquor Board to order at 2:54 p.m. and reconvened the regular meeting to order at 2:55 p.m. SHERIFF'S DEPARTMENT: Sheriff Harris reported that they had ninety-two in custody. Sheriff Harris discussed radio communication problem issues including mountain top transmission, receiving radio facilities and coordination with local and State entities to seek resolution. Sheriff Harris recommended that this agenda item be tabled due to the length of the possible discussion. He had met with the State communications people and they were trying to resolve the problems until decisions were made what to do in the future. Commissioner Nannini agreed it would take an hour or so to discuss this. He stated this may cost up to a million dollars to address because there were a lot of problems with their communication system. Sheriff Harris stated they were in the process of seeking some federal funding through Homeland Security. Commissioner Nannini agreed that there may be some funding available but the Board had to make the decisions and they would have to budget for this. Commissioner Ellison inquired if someone was reviewing this situation. Commissioner Nannini noted that there was a company hired to analyze the communication process. Sheriff Harris stated the committee had been meeting many hours on this situation over a period of several days. ELKO COUNTY JUVENILE PROBATION DEPARTMENT: Commissioner Nannini noted they received a written Juvenile Detention and Juvenile Probation Monthly Report. Robert Stokes stated they could contact Jim Watson if they had any questions. Commissioner Ellison noted they would look at the City lot for future PAGE 11

12 expansion for an additional parking. Chairman Nannini called a recess at 3:01 p.m. and reconvened the meeting at 3:07 p.m. PUBLIC HEARING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG): Pursuant to Notice No , the Board conducted a second and final Public Hearing in which citizens may express their opinions regarding the types of projects that Elko County may submit for funding through the 2005 Community Development Block Grant Program. The Commission may rank CDBG proposals at this time. Lynn Forsberg reviewed the seven projects that were presented at their last meeting: Mountain City water and sewer systems evaluation and preliminary engineering, the Elko County Transloading Facility/Industrial Park feasibility study, the Senior Center geothermal feasibility study and preliminary engineering report, 10 Mile fire station, Jackpot Parks improvements phase II, Town of Jarbidge ADA restrooms, Tuscarora ADA restrooms. Lynn Forsberg stated that there was a new request which would not affect the previous grant requests. The Rural Nevada Development Corporation (RNDC) had asked for a letter of support for a Down Payment Assistance Program. Commissioner Ellison noted there would be two types of grants submitted and the engineering grants would be separated. Lynn Forsberg explained that the County could submit three grants and it did not matter which category they were in. Commissioner Eklund-Brown inquired if there was a list of those projects. A copy of Lynn s memo was distributed to the Commission. Commissioner Ellison believed the geothermal engineering study for the Senior Citizen s Center was very important due to the soaring utility costs. He felt that the Industrial Park would also be very important for the City. Lynn Forsberg commented upon the Mountain City water and sewer request. He informed them that the springs were put in the 1970's and the sewer system was put in Lynn Forsberg stated that there was a lift station under the Owyhee River and the piping dated He informed them that the waste water permit was in the name of the County rather than the Town of Mountain City. He commented that Mel Basanez wished to retire from overseeing that system. MOTION: Commissioner Myers moved that for the 2005 CDBG program included for submission the Elko County transloading facilities, Senior Citizens geothermal study and the Mountain City water study, and a letter of support for RNDC s PAGE 12

13 Down Payment Assistance Program. Commissioner Ellison seconded the motion. Commissioner Ellison inquired about prioritizing the grants. Lynn Forsberg stated they did not have to prioritize them today but they would have to be prioritized before they were submitted. Lynn Forsberg noted that there were representatives from ECEDA and the Senior Citizens Center present today if the Board had any questions. Ursula Powers commented that the County has never expressed concerns about the time involved with the environmental process through CDBG and how much more work there would be. However, she noted that at the Elko City Council meeting there was a person from CDBG who gave a presentation who spoke about how much more work would be involved. She stated at the end of the meeting she believed that the City supported the Senior Center project as their number one priority but because what the staff had shared with them they would not cover any other construction grants. She stressed this would put lower income people in a bad spot. Ursula Powers stated her concern was if they find hot water within fifteen feet from the building would they be able to find sufficient money to construct that system because the City would not go forward due to the environmental issues. Ursula Powers inquired how the County felt about the environmental issues. She noted that previously she had written the environmental review and felt it was similar to the past requirements. Lynn Forsberg commented that the State Community Development Block Grant Program was found lacking in its environmental review process by HUD, the parent grantor. He stated that they have to go through the hoops more thoroughly than they had in the past. Lynn Forsberg stated that they were finishing the Jackpot environmental review. He stated they had to go back and do a more thorough environmental review which added about two months to that project. Commissioner Eklund-Brown inquired what they were requesting in the environmental review. Lynn Forsberg reviewed the process and the letter writing campaign such as to Forest Service, etc. He noted that there were several levels of environmental review. In the past they had been selective about the County projects so that they could avoid the environmental impact statements. Lynn Forsberg encouraged them to select projects that they could stay within a year s time frame. He believed that if they get a grant for a geothermal study they would include an environmental analysis within the engineering so that would be completed when they were ready to go through with the project. Ursula Powers stated they planned to start the process because that analysis had been completed for that site previously. She voiced concern that the City was so worried about the environmental process that they brought in a representative from the CDBG program. Ursula Powers noted that she had written several HUD grants recently but PAGE 13

14 understood the State was not doing their part. Ursula Powers stated that when they apply for federal grants they would have to go through a similar process. She noted that HUD s purpose was that community-based organizations which served the low to moderate income people would have access to these funds. Ursula Powers was concerned with the City saying they would not let anyone come in with a construction grant because it required a more intense process. She noted Winnemucca had pulled out of the CDBG grant process. She believed that Ely had remained within the program. Commissioner Nannini suggested that Lynn Forsberg meet with the City and discuss this issue with them. Lynn Forsberg noted that the regulations had not been changed but the State had not followed up on some of the regulations. He stated that the City of Winnemucca had withdrawn from the CDBG program. However, that threw the responsibility back on the City of Winnemucca to perform those projects. Commissioner Myers suggested that they continue doing what they have done in the past. Elaine Barkdull representing ECEDA submitted the 2005 Economic Development Focus Plan for Elko County. She stated they applied for a 2005 CDBG grant because of the lack of privately owned industrial property within the City and within the County. Elaine Barkdull stated that Union Pacific Railroad had committed to contributing funds and materials to a County owned transloading facility. She stated that the Industrial Development Manager for Union Pacific Railroad felt a regionally located, county owned transloading facility would be a crown jewel of resources for the County. Elaine Barkdull reviewed the Focus Plan Phase II which would be a regional industrial park and feasibility study, and the county owned transloading feasibility study. She stated the study would determine the market demand for a rail-served transloading facility. Elaine Barkdull noted the study would also determine the feasibility for a large industrial park regionally located within the County, possibly 1000 acres. She had followed up on leads and the smallest request was 30 acres with the largest request for 500 acres. She noted an a1000 acre park would be small compared to the western part of the State who had 5000 acres of industrial. Elaine Barkdull stated that the study would work as a liaison between the Union Pacific and the County. She noted that the study would be very detailed. She noted that there was a plan for a ten-acre regional transloading facility. She stated that the County could opt to do a larger plan because they had a willing partner in Union Pacific. She stated that the Focus Plan was divided into two studies: 1) Industrial marketing analysis and property analysis study, and the 2) Regional industrial park and county owned transloading facility. She clarified that the CDBG grant would be applied to the second phase of the Focus Plan. Commissioner Ellison inquired if this would be the first transloading facility PAGE 14

15 within Nevada. Elaine Barkdull stated that there was not a County owned regional transloading facility unless there was a project in Caliente which was County owned. Elaine Barkdull stated it would be beneficial to have a transloading station because it would benefit all the manufacturing companies and mining. She noted that Carlin did not have rail access. She believed that this could become a port. She noted that they may get an interstate stop here in Elko. In the study they would ask for the service provider to make sure that the train would stop and service this transloading facility. Commissioner Nannini noted each community had an equal chance to qualify for this transloading facility. Elaine Barkdull noted that the entire Focus Plan represented the whole area and they would analyze each and every community to determine what type of industry would be best for that community. She noted Fernley did not have a regional transloading facility. She stated if they had a county owned regional facility then everyone could use the facility. Elaine Barkdull felt it would make Northeastern Nevada more equal to the people on the California border. She stated that they were looking at the mountain west market. Commissioner Eklund-Brown inquired where there was transloading now. Elaine Barkdull replied Salt Lake City, Utah and Roseville, California were the bases. She noted they had services to their properties. She stated that Sparks had a yard where the train stops. She noted the train stopped here in Elko but there was no equipment to remove the product from the cars. Elaine Barkdull stated that they may need warehousing to serve the types of industry that they attract. Commissioner Russell stated that when talking about ECEDA, he hesitated supporting any more studies. However, this was a fundamental issue and was an appropriate venue for the Elko County Commission to be involved. He stated that they needed an objective study. Elko County needed to become a real player in economic development. Commissioner Eklund-Brown noted that she saw the presentation and felt that the industrial park and the transloading facility should be together. Elaine Barkdull stated when looking at a large industrial park the topography would play a huge roll. Elaine Barkdull noted that there was a river which broke up large parcels of land. Commissioner Eklund-Brown inquired if Union Pacific had retained any large sections of land for such type of facilities. Elaine Barkdull replied in the negative. Commissioner Myers noted most of the land was private or BLM. Elaine Barkdull encouraged the County Commission to look at the BLM land which was being auctioned off. Elaine Barkdull noted she had to look at BLM land for the 500 acres because she was looking for a big flat parcel of land. The motion was passed unanimously. Robert Stokes inquired if they would do prioritization on their projects today. PAGE 15

16 Commissioner Nannini commented that Lynn Forsberg had stated priority was not needed today. Highway Chairman Myers called the Board of Elko County Highway Commissioners to order at 3:37 p.m. and adjourned the highway board at 4:25 p.m. ELKO COUNTY SCHOOL DISTRICT: The Board considered a claim request by the School District for funds from the Hospital Pollution Fund to pay for costs associated with pollution clean up at the old Elko County Hospital facility. Jeff Zander of the Elko County School District stated that Antoinette Cavanaugh could not attend the meeting. He stated that they had heard of a fund contingent upon the sale of the old hospital and that fund was set up for pollution related claims from the hospital. Jeff Zander stated that approximately a month ago they awarded a contract to a firm for the asbestos/lead paint abatement and removal. He noted in reviewing the Resolution setting aside money in that fund the Elko County School District would like to put in an application for reimbursement of the costs for the abatement of the asbestos and lead-based paint out of the old hospital building. Cash Minor noted the pollution liability fund came about during the sale of the hospital. The County was required to extend the insurance coverage for a sevenyear time frame. He noted that they were unable to obtain an insurance policy in the commercial sector so they agreed to set aside two $250,000 hits to cover the insurance risk of bodily injury or property damage resulting from pollution. Cash Minor stated this fund was never intended for clean up for the demolition of the building. He stated that Province transferred the property directly to the School District and the property was taken as is, where is under the Contract of Sale. He stated the Contract included a clause stating the presence of asbestos in paragraph three. Cash Minor stated that, in his opinion, this claim did not meet an insurable condition for which the fund was set up for. He did not believe it should be approved by this Commission because it was not being asked for an insurable risk. He noted that there had been no bodily or property damage resulting from pollution. Commissioner Nannini inquired if they would break into the hospital sale fund. Cash Minor replied that they would because at the end of 2005 these funds would go back to the Hospital Sale Proceed s Fund. Cash Minor believed that if they approved this they would violate the sales agreement. Commissioner Eklund-Brown stated that money could not be removed without Resolution. Cash Minor stated that they would have to do an Ordinance change. Commissioner Ellison stated he had PAGE 16

17 spoken to Cash Minor on this issue yesterday. He asked if Kristin McQueary had time to review the Contract of Sale. Kristin McQueary stated that she had reviewed the Contract for Sale of Real Estate. The old hospital was conveyed directly from the new owner, Province, to a new buyer. Therefore, that money rolled back over into the hospital rebuilding fund due to NRS wording. She stated that made more sense than the property coming back through the County. She stated that due to the known environmental risks, the previous hospital board determined that building a new building would be better than remodeling the old building. Kristin McQueary stated that Province sold the old hospital building directly to the School District for $1.00. She read a portion of the Contract for Sale of Real Estate: 3. Condition of Property. Buyers acknowledge, understand and agree that the Property is being purchased in its present or as-is, where-is condition, without warranty, representation or indemnity of any kind, express or implied, including without limitation, warranties as to habitability, merchantability, fitness for a particular purpose, title, zoning, tax consequences, physical or environment condition (including the presence of asbestos), utilities, governmental approvals, the compliance of the Property with governmental laws (including environmental laws) or any other matter pertaining to the Property. Buyers may obtain, at their sole cost and expense, a survey of the Property and perform any environmental or other investigations in connection with the Property. Upon Closing, Buyers shall be deemed to have waived, relinquished and released Seller from and against any and all claims, demands, causes of action (including causes of action in tort), losses, damages, liabilities, costs and expenses (including attorneys fees and court costs) of any and every kind or character, known or unknown, which Buyers might have asserted or alleged against Seller at any time by reason of or arising out of any construction defect, physical conditions, violation of applicable laws (including environmental laws) and any and all other actions, omissions, events, circumstances or matters with respect to the Property. The provisions of this Section 3 shall survive the Closing. Kristin McQueary believed that the School District knew when they assumed the property at that price, there may be problems. She noted that it was in the public record and there was a lot of due diligence in the discussions about the physical condition of the building. Kristin McQueary commented that Province Health Care did do a high level of environmental study upon that building. She noted that the Hospital Board, in the determination of the necessity to sale, had discussed the condition of that building. Commissioner Ellison inquired if the pay-as-you-go money could be used for demolition and removal of the asbestos. Jeff Zander stated that they would use that funding. MOTION: Commissioner Myers moved to deny the claim for request PAGE 17

18 from the School District for funds from the Hospital Pollution Fund to pay for costs associated with pollution cleanups at the old Elko County Hospital. Commissioner Ellison seconded the motion. The motion was passed unanimously. ELKO COUNTY DISTRICT ATTORNEY S OFFICE: CHILD SUPPORT ENFORCEMENT DIVISION: Carolyn Smith discussed and the Board considered authorization for an additional child support caseworker position in the Child Support Enforcement Division. Robert Stokes noted 2/3 of this position would be paid for through the State reimbursement program. He stated that Carolyn had offered up their incentive grant monies to cover the remaining 1/3 cost for the remaining six months of this fiscal year. He stated that offer may continue through the next fiscal year. Robert Stokes stated that he, Cash Minor, Jerry Reynolds, and Neil Harris reviewed this position. Robert Stokes stated they felt Carolyn had justified the workload for this additional position. Commissioner Ellison inquired how long this grant would remain in place. Cash Minor commented that the incentive grant monies for the child support had been available for approximately twenty years. He stated this was not a standard federal grant wherein the process could be changed. Cash Minor stated that this program had remained over a longer time. He noted this office had high performance standards to qualify for those incentive funds. MOTION: Commissioner Ellison moved for approval for the additional support caseworker position in the Child Support Enforcement Division. Commissioner Myers seconded the motion. The motion was passed unanimously. The Board considered approval of an Interlocal Contract between the District Attorney s Office and the Nevada Department of Human Resources - Welfare Division for child support services. Commissioner Myers inquired if this was a standard Contract. Carolyn Smith noted there was some language change. She stated that Kristin McQueary had reviewed it many times and Gary Woodbury had agreed to it. She noted that there were stricter regulations in order to qualify for the incentive monies. Carolyn Smith felt that everyone was agreeable and this was a workable contract. She noted Clark County and Washoe County did not have specialized contracts any more but the other counties were issued the same contract. MOTION: Commissioner Russell moved to approve an Interlocal Agreement between the District Attorney s Office and the Nevada Department of Human Resources-Welfare Division PAGE 18

19 for Child Support Services. Commissioner Myers seconded the motion. The motion was passed unanimously. REQUEST FOR A LEAVE OF ABSENCE WITHOUT PAY: The Board considered approval of a request for a Leave of Absence Without Pay for a long term employee seeking a disability retirement. The County Manager had granted a thirty-day Leave of Absence Without Pay in order for this employee to complete the process for a disability retirement. It may take longer than thirty days to complete the paperwork. A leave of absence without pay longer than thirty days required Commission approval. MOTION: Commissioner Ellison moved to table. The motion died due to lack of second. Chairman Nannini tabled this item. CERTIFICATE OF CONGRATULATIONS: WELLS HIGH SCHOOL NIAA 1A STATE FOOTBALL CHAMPIONS: The Board considered approval of a Certificate of Congratulations to the Wells High School Leopard Football Team for winning the NIAA 1A State Football Championship. Chairman Nannini tabled this item because the team could not attend this meeting. COMBINED VA COMMUNITY BASED OUTPATIENT CLINIC (CBOC)/ NEVADA HEALTH CLINIC PROPOSAL: Commissioner Nannini discussed the status of the pursuit of a Veterans CBOC facility and a Nevada Health Clinic in Elko. In an attempt to site a Veterans clinic or facilitate contract services in Elko, a business plan for this project was prepared that can be utilized by the V.A. in their strategic planning process. Additionally, the County was working with a number of local groups and agencies to site a Nevada Health Center Clinic in Elko to contract VA healthcare services and Medicare services. Commissioner Nannini noted they could bid on the van to Salt Lake City but that would be on July 1, Commissioner Ellison noted when they talked to them on Monday the problem was there was no bid process. He stated that they were trying to locate a van. Commissioner Myers stated there was a meeting scheduled for Friday morning on the Community Based Clinic. Commissioner Nannini noted he and Robert Stokes were on the phone and felt it would not be before July before they have a van to travel to Salt Lake City. Commissioner Nannini stated that they may have to go to the car companies to PAGE 19

20 donate a vehicle. He stressed that they need to coordinate their efforts on this issue. Commissioner Ellison noted that they would have to relay messages in order that they do not violate the open meeting laws. Commissioner Nannini noted that they had a gentleman move from Ely to Elko, who was qualified to do the training, get the testing done, and head-up the program. He stated that the group felt they may be better off to hold off on the van to see where the funding would come in for the VA Clinic so as not to jeopardize that project. Commissioner Nannini suggested that they contact Chuck Fulkerson. Cash Minor commented that Chuck Fulkerson was the State of Nevada Division of Veteran s Affairs. Commissioner Nannini stated they would ask the mines for donations to the van. Commissioner Myers stated that there was some discussion that there was a group of people who felt that the van may have an influence upon the length of time to open the VA Clinic. However, if the time frames that they were told were steadfast then they have to get their vets back and forth to the hospital. Commissioner Myers stated it may be three to four years down the road until they realize this clinic. Commissioner Nannini felt by the first of July they would have the van operational. Cash Minor stated that the College was still seeking federal appropriation and he had been involved with that procedure. Gil Hernandez thanked the Commissioners, Rob, Cash and County staff for their efforts on behalf of the Veterans. He appreciated their help and asked that they stay focused to get the outpatient clinic. Gil Hernandez stated that he was disappointed with some the congressional delegates because of the lack of their support. He stated that on March 6 th he would be going to Washington, D.C. as a State representative. He stated that they would continue to ask for mandatory funding for the VA and they would continue to ask for support for an outpatient VA clinic. Commissioner Myers inquired what Gil Hernandez s position was with the Veterans Administration. Gil Hernandez replied he was a candidate for the Department Commander in Commissioner Myers inquired if he had heard if they may get a van and inquired if that might put them back on the priority list for the outpatients clinic. Gil Hernandez suggested that they stay on course. He stated that they were trying to please some of the veterans and they would not be able to please all of them. He noted the main goal was for an outpatient clinic. Commissioner Nannini noted they were continuing to meet with them. He believed that once they had the Nevada Health in the building that would be the conduit to make every thing happen. He stated a lot of the Veterans were medicare/medicaid patients and they would be taken care of partially with the clinic. Gil Hernandez noted that he was aware of their efforts so that was why he was expressing his appreciation. Commissioner Nannini asked that Gil Hernandez keep him or Charlie informed. He suggested that he sit in on the meetings if he had any ideas. PAGE 20