Elko County Board of Commissioners

Transcription

1 Elko County Board of Commissioners Commissioners Sheri Eklund-Brown Demar Dahl John Ellison Charlie Myers Warren Russell Elko County Manager Robert K. Stokes STATE OF NEVADA ) COUNTY OF ELKO ) ss. The Board of Elko County Commissioners met in regular session on Tuesday, February 23, 2010, at 1:30 p.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko, Nevada. There were present: County Commissioners Charlie Myers, Chair Sheri Eklund-Brown Demar Dahl John Ellison Warren Russell County Manager Robert Stokes CFO/Asst. Manager Cash Minor Deputy District Attorney Jennifer Spencer Deputy County Clerk Marilyn Tipton Library Director Jeanette Hammons Road Supervisor Otis Tipton Sheriff Dale Lotspeich Undersheriff Doug Gailey Child Support Program Dir. Carolyn Smith Fire District Battalion Chief Keith Westengard Assessor Katrinka Russell Treasurer Rebecca Erickson NDF Tom Turk Planning & Zoning Dir. Randy Brown Chairman Myers called the meeting to order at 1:30 p.m. Commissioner Russell led the meeting participants in the Pledge of Allegiance. I. COMMENTS BY THE GENERAL PUBLIC: Commissioner Ellison requested they discuss the Coroner and Sheriff s position. Commissioner Myers asked for a review of what the process was. PAGE 1

2 II. ELKO COUNTY DISTRICT ATTORNEY S OFFICE: Child Support Division: A. Discussion and consideration of the approval of an amended lease for Child Support Division office square footage in the new County Building. Carolyn Smith, Child Support Program Director, requested approval of the amended lease to rent office space to the State. MOTION: Commissioner Ellison moved to approve an amended lease for the Child Support Division office square footage in the new County Building. Commissioner Dahl seconded the motion. The motion was passed unanimously. C. Discussion and consideration of approval of a Change Order #1 for the contract to redevelop Office of Child Support (OCSE) 157 Report programs. The Nevada Child Support Incentive Fund will cover this expenditure if approved with no cost to Elko County funds. Carolyn Smith, Child Support Program Director, reported in September they approved a contract with Chase Global Services to review their 157 reporting. She noted test cycle one was difficult and they lost three months of work when the State backed up their data. The change order of $50,625 was for the vendor s time of 405 hours to retrieve the test cycle cases. Carolyn Smith would like to finalize the first contract and the $15,000 remaining to be applied to the contract approved today under agenda item B. Carolyn Smith explained the incentive funding received from the federal government was a State passthrough and clarified the current distribution process. She reported their program system needed upgraded but the state manpower was spread too thin so they hired an outside vendor to enhance the system. Carolyn Smith stressed the importance of the 157 report to receive the incentive funding. MOTION: Commissioner Ellison moved to approve Change Order #1 for the contract to redevelop. Commissioner Russell seconded the motion. The motion was passed unanimously. B. Discussion and consideration of approval of a contract to redevelop Office of Child Support (OCSE) 157 Report programs in accordance with OCSE federal reporting requirements that will ensure the program accurately reports existing data within the Nevada Operations of Multi-Automated Data Systems (NOMADS) database. The Nevada Child Support Incentive Fund will cover this expenditure if approved with no cost to Elko County funds. Carolyn Smith stated the errors in the system meant the federal government did not have the correct information which affected their funding. The task force recommended they hire the vendor to rewrite their report. She PAGE 2

3 reported the State and County would work on policies and their system enhancements. The $1,384,465 was within their state funds. Carolyn Smith was trained how to use Crystal Reports, the County could pull their own data to do their own reporting. The vendor would redesign the 157 Report, test, and put the report into the system. A new server for the State Child Support Program would be bought. Carolyn Smith gave an overview of cases that were not reported to the federal government in the Nevada system. Commissioner Dahl inquired if anyone was being held accountable at the State. Carolyn Smith was unsure. The vendor would warranty the report and had to have the work completed by September Commissioner Myers asked if it was within the County s authority to authorize the contract. Carolyn Smith explained the State and County worked in partnership on this contract. Carolyn Smith reported they have 2,800 active cases. Commissioner Dahl noted the vendor was being paid to do what should have been done by the State and requested that Carolyn Smith document that, then send it to Cash Minor to be distributed to the Commissioners. Carolyn Smith would ask the Director or the Chief for that information. Carolyn Smith explained this was a massive effort and took all IT departments across the state to keep up with the technology changes. She noted if this contract was not approved the reporting would not change. Commissioner Dahl suggested that Cash Minor request documentation on what went wrong and why. Cash Minor believed the creation of the NOMAD system may have caused the problem. He would write a letter to the State Director. MOTION: Commissioner Russell moved to approve a contract to redevelop Office of Child Support 157 Report programs in accordance with OCSE federal reporting requirements that will ensure the program accurately reports existing data. Commissioner Eklund-Brown seconded the motion. Commissioner Russell, Eklund-Brown, Dahl and Myers voted aye. Commissioner Ellison voted nay. The motion was passed by majority vote 4 to 1. III. ELKO COUNTY SHERIFF S DEPARTMENT: A. Elko County Communications Plan and Engineering Study: Presentation, discussion and consideration of the Elko County Communications Engineering Design and Strategic Plan by Walt Currier of AECOM. The Sheriff recommends approval and requests direction from the Commission on how to proceed. Walt Budge Currier gave a presentation on project objectives and goals, project deliverables, summary of needs analysis report, summary of engineering report, explanation of recommendations, proposed implementation schedule and PAGE 3

4 their opinion of probable cost. (Submitted hard copy of presentation - attached to minutes). Initial conceptual design alternatives were to build VHF P25 radio system or join the Nevada shared radio system of 800 MHz for a long term solution. Walt Currier reported the 800 MHz coverage was superior for the majority of the County. Their recommendation was to maintain the existing VHF system for backup of the Nevada Shared Radio System to remedy interoperability. The cost of upgrading radios was $1,271,100 for approximately 270 users of mobile and portable radios. The cost to upgrade to Nevada Shared Radio System was $1,460,515 with an ongoing annual cost of $189,415. Commissioner Eklund-Brown questioned the costs to repair the radios. Walt Currier replied if they built their own system there was no external aid and until a vendor establishes themselves in Elko to service those needs it remained a problem for the existing and future radios. Commissioner Russell inquired if the system could operate as a standalone system if there was a catastrophic event. Walt Currier replied each site could work in a standalone mode. Robert Stokes inquired what the timetable was for the six additional locations on the NSRS system. Ken Wiley, NDOT, noted they have joined with the power companies to put together a better system with local staff to maintain the system. He reported they had modernized their facilities and finished their new sites at Loray, HD Summit, Spruce Mountain, and Penn Hill. They have planned sites at Water Pipe (Tuscarora Canyon), and Furgeson Springs (US 93A old Air Force Site). They would maintain the facilities at a 24-7 level for the law enforcement and Highway Patrol. Commissioner Eklund-Brown inquired if they could partner in an area that the County does not have sufficient coverage and Ken Wiley replied affirmatively. Walt Currier reviewed their recommended implementation schedule. Cash Minor stated they would have to finance the phases plus the capitalization costs. He cautioned them it would raise their Central Dispatch Fees to approximately $340,000 annually and would go through budget review. Walt Currier noted by 2013 it would be a federal mandate for them to pay the $140,000 to go to narrow band for public works and highway. Walt Currier suggested the agencies facing the mandate go first and equip the Sheriff s Department with portable radios which would give Central Dispatch time to migrate onto the system. Walt Currier reviewed dispatch center upgrades needed to go to the NSRS system. He noted the border cities would have to have two radios due to interoperability but Carlin was their primary issue because they would have to replace the narrowband. MOTION: Commissioner Ellison moved to bring this before the Budget Review Committee. Commissioner Eklund-Brown seconded the motion. The motion was passed unanimously. PAGE 4

5 B. Discussion and consideration of approval of a resolution for adopting the Elko County All-hazards Evacuation Plan. This document was presented last month for approval, but was tabled. The Evacuation plan was forwarded to the Commission for review and the Sheriff is requesting approval of the resolution adopting the plan. Sheriff Lotspeich asked this be tabled because more changes were recommended. He felt the document should be made more Elko County specific. MOTION: Commissioner Ellison moved to table the approval of the Resolution adopting the Elko County All-hazards Evacuation Plan. Commissioner Dahl seconded the motion. The motion was passed unanimously. C. Discussion and consideration of approval of Citizen Corps Coordinator contract. This position is grant funded and Annette Kerr has been hired to fill the position. The Commission has approved the grant funding for this position in previous meetings. The Sheriff recommends approval. Sheriff Dale Lotspeich explained this was Homeland Security funding under the 2008 Bomb Squad allocation specifically for Citizen Corps programs. He reported this was a requested statewide initiative. Commissioner Russell voiced concern that this position was grant funded and the position may not be funded later. Sheriff Lotspeich reported this position was advertised through first responder groups and organizations and they interviewed candidates. He noted Annette Kerr would be hired under a contract. MOTION: Commissioner Ellison moved to approve the Citizen Corps Coordinator Contract with the statements made by Commissioner Russell that this position was a one-time shot (grant funded). Commissioner Russell seconded the motion. The motion was passed unanimously. D. Discussion and consideration of the approval of an Inter-local Agreement with Lander County for Law Enforcement and Jail Service. Currently, the Lander County Sheriff s Department provides jail space for inmates when Elko County is over capacity in the jail. There is no mechanism for cost containment and control without a contract in effect. In addition, Elko County and Lander County assist each other with law enforcement functions. This contract will spell out language on the responsibility of each agency. The Sheriff is recommending approval. Sheriff Lotspeich stated the MOU and contract was in their packets. He commented in their monthly reports it displayed they were at or exceeding their 125 bed capacity. MOTION: Commissioner Eklund-Brown moved to approve an Interlocal Agreement with Lander County for Law Enforcement PAGE 5

6 and Jail Service. Commissioner Ellison seconded the motion. Commissioner Ellison requested monthly reporting on this item. The motion was passed unanimously. E. Presentation, discussion and consideration of an inmate medical services proposal and comparison to current medical costs and all other matters related, thereto. Sheriff Lotspeich stated that medical issues are the highest liability area in the jail. Medical costs are also some of the biggest costs to contain or control. The Sheriff is requesting direction from the commission on how to proceed. It is recommended that the Commission grant permission to go out to RFP for inmate medical services. Sheriff Lotspeich stated their medical costs for 2009 it were $554,455. He reported that in the last audit it was found they would have to provide more medical services to comply with their own policies. They were reviewing their policies. The insurance company suggested they not rewrite their policy. Commissioner Ellison suggested they create a committee to review these numbers and committee be two commissioners, Robert Stokes, Cash Minor, the Sheriff and the medical provider. Commissioner Myers did not think the medical provider should be present during that discussion. He expressed concern about the issue being discussed before budget review. Sheriff Lotspeich stated the majority of the $554,445 came out of the Indigent Fund. MOTION: Commissioner Russell moved that this Commission establish a committee to take one month to review these issues regarding inmate medical services proposal in comparison to current medical costs and the possibility of an RFP be extended and that Commissioners Ellison and Dahl be on the committee with Robert Stokes, Cash Minor and the Sheriff as the primary members of that committee. Commissioner Dahl seconded the motion. The motion was passed unanimously. F. Discussion and consideration of Forest Service Law Enforcement activities in Elko County. There are numerous reports of the Forest Service law enforcement officers (LEO) enforcing local and state laws outside the forest boundaries. The Sheriff is drafting a letter to the State Law Enforcement Director in response to these allegations and encourages the commission to respond in writing as well. Sheriff Dale Lotspeich had received individual contacts that a Forest Service LEO was writing citations for basic traffic violations and this had been PAGE 6

7 going on for about a year. He had a conversation with the State Supervisor and expressed his concern with the Forest Service engaging in misdemeanor traffic issues. Sheriff Lotspeich believed it was his responsibility on public roads to enforce the appropriate laws whether it is County Codes or State Statutes. He was told that the Forest Service has the authority under the Code of Federal Regulations and through the Secretary of Agriculture to do that. The Sheriff s intention was to express his concern to them and believed this was an issue the Commission should address. Sheriff Lotspeich brought it to the Commission because there were pubic roads that might not be officially designated County Roads but were RS 2477 roads and if this was occurring on those public access roads this created issues. The secondary issue was the public relations issue. Sheriff Lotspeich stated this was political in nature and noted they have a MOU agreement with the Forest Service to patrol public roads on forest. He felt after their conversation he would be made aware of these issues. Sheriff Lotspeich was taking the political stance and if they continue to get complaints he would investigate them and refer it to the local District Attorney for review. Commissioner Ellison voiced concern that if they issue a ticket on the Forest Service they have to go to federal court in Reno. He suggested the District Attorney write a letter. Sheriff Lotspeich reported the FS LEO was writing speeding and parking tickets in Lamoille Canyon during recreation activities in the area. Commissioner Dahl reviewed what had happened in White Pine County on Highway 50 when someone was given a ticket for speeding. He stated several of his employees who had cut wood in their pickups had been stopped by the Forest Service to find out where they got the wood. Sheriff Lotspeich explained the standard for investigating criminal activity was reasonable suspicion or probable cause. Sheriff Lotspeich stated the Forest Service was primarily tasked with enforcing laws that dealt with resources on the Forest and dealing with the narcotic issues in the forests. He believed when dealing with issues that were pursuant to County Codes or regulations there were federal officers in the State that were recognized as peace officers by the State under NRS 289. He suggested if they want that status, they should go through the local legislature to be granted that status by the State. He believed this raised Constitutional issues. Sheriff Lotspeich stated he was responsible for law enforcement within the County s boundaries from a law enforcement perspective. He stated when they have other officers enforcing laws that were their primary responsibility they were not giving the citizens the same rights as they would have under the local municipal court or Justice Court system where they have the ability to affront their accuser. Sheriff Lotspeich stated most of these people could not afford to go to Reno and fight this so they pay the ticket. PAGE 7

8 Commissioner Russell commented that if a Forest Service LOE goes off the Forest and goes onto public lands that were administrated and under the local jurisdiction of the local Sheriff they could stop someone under a citizen s arrest. He noted the procedure of the citizen s arrest falls under the duties of a Sheriff and should be reported to the Sheriff. Sheriff Lotspeich had asked his patrol lieutenant how many times he had met with the Forest Service LEO in the last two years and received the reply of none. He stated if there were these problems they should share information and call them for a meeting. Sheriff Lotspeich stated they have a huge law enforcement information sharing network and would be happy to include the Forest Service personnel. His stance was there were specific responsibilities that the Forest Service needs to focus on and the others need to be addressed by the County. Sheriff Lotspeich had opened the lines of communication and encouraged further communication. Commissioner Myers noted several years ago Helen Hankins, of the BLM, had requested the Commissioner s authorization be given to the BLM law enforcement officers. He inquired what would happen if they rejected the MOU. Sheriff Lotspeich stated from their perspective there was no financial impact. He stated through the MOU they share radio frequencies. Commissioner Myers noted they elect a Sheriff and hire deputies for law enforcement in Elko County, and felt the words Forest Service law enforcement officer identified their jurisdiction. He encouraged a letter of support of the Sheriff be sent. Commissioner Russell suggested they revise the MOU or eliminate it. Sheriff Lotspeich stated the BLM chose to work with the Western States Sheriff s Organization in trying to identify areas of concerns on federal lands within the jurisdiction of those counties. He noted that nothing exists like that with regards to the Forest Service in the western United States. Sheriff Lotspeich had been informed by White Pine County and Nye County of their issues with the Forest Service LEOs. Commissioner Eklund-Brown stressed this needed to be addressed because Lamoille Canyon was a more patrolled area which would see more use. She encouraged them to coordinate this and would bring this up at their RAC meeting for discussion. Tom Montoya, Mountain City District Ranger, stated their law enforcement officers primarily enforce 261 CFR Code of Federal Regulations and that was given by the Secretary of Agriculture to enforce. They currently have the following special order in place for roads on the national forest including the Lamoille Highway: (f) Operating a vehicle carelessly, recklessly or without regard for the rights or safety of other persons or in a manner or at a speed that would endanger or be likely to endanger any person or property CFR F. PAGE 8

9 Tom Montoya believed the Sheriff was concerned with public safety and they were not there to do the Sheriff s job but they were there to protect the public. Tom Montoya commented upon the many users in Lamoille Canyon such as snowmobilers, hikers, bicyclers, etc. He believed there was a communication problem between the agencies. Tom Montoya stated in 1994 there was a case in Lake Mead wherein a BLM officer stopped a drunk driver and the driver did not believe the BLM officer had the authority to stop him. It went to the Supreme Court and they ruled the federal law enforcement officers had the right to enforce state laws. Tom Montoya clarified that they were enforcing federal laws on national forest but in that case they also have the authority to enforce state and county laws. Later in legislature they tried to change that, a bill was introduced but was not signed by Governor Miller. Tom Montoya stated in this case it was not just one or two miles per hour over the speed limit, it was 20 miles per hour over the speed limit and they were trying to correct something they see as hazardous and reckless. Commissioner Russell commented that anyone whether they were wearing a badge or not was able to make a citizen s arrest and restrain the person temporarily until the appropriate law enforcement was able to take over. He noted that the Constitution stated all rights; those that were not specifically given by the Constitution were reserved to the State. Commissioner Russell noted the Forest Service had not even reported these occurrences on public roads. Martin Budzynski, Forest Service LEO, introduced himself. Commissioner Dahl inquired if he was in the Forest boundary but on a State Highway did he see it his responsibility to stop someone for speeding. Martin Budzynski replied if it was reckless, yes, under their policies and procedures he was directed by his Director to do so. Martin Budzynski stated under current CFR law he could stop someone from speeding. Commissioner Dahl inquired if they go out of the Forest Service boundary was it still his responsibility. Martin Budzynski replied if the crime was committed outside the boundary, no, but if the crime was committed inside the boundary, yes. They can follow that person until it was ceased or until appropriate action was taken. Martin Budzynski stated they were to put their good judgment into practice. Commissioner Dahl clarified that it was his understanding of the law that on the State Highway, on Interstate 80, if they were inside the Forest Service boundary and they find someone speeding then he has the authority to stop and arrest them. Martin Budzynski stated that was granted by Congress. Roberta Skelton stated if they look at the maps of the Forest Service in Elko County; they have labeled every road with a number. She noted that those same roads were also RS 2477 roads and asked how they would delineate the difference. Roberta Skelton stated the Forest Service LEO could try to cite them PAGE 9

10 even though they were on RS 2477 but they could not. Roberta Skelton felt they should read their regulations closer. She noted some of this comes under the 1976 Management Act and the roads that were RS 2477 prior to the 1866 Mining Law. Roberta Skelton noted the 1976 law tried to say they cannot allow RS 2477 but they never have proved their case. MOTION: Commissioner Dahl moved that they put a group together to talk about this and see if they can come up with a position for Elko County among that group should be the Sheriff, Randy Brown, Commissioners Dahl and Myers, Kristin McQueary, Forest Service, BLM and one of our District Judges. Commissioner Ellison seconded the motion. The motion passed unanimously. G. Report from the Undersheriff on Sheriff s Office statistics, overtime, and public safety issues. Undersheriff Gailey reported the speeding drivers on Corral Lane felt they should not get stopped. He reviewed the statistics previously submitted. The future statistics would display how many were stored at the Lander Jail. Undersheriff Gailey explained the 800 hours of patrol overtime were the result of several incidents. The Board discussed the budget for the overtime. Undersheriff Gailey stated they were meeting with the Sergeants to control the overtime. Commissioner Myers noted in 2009 there was $75,000 for the hospital overtime. Commissioner Ellison asked for a copy of the last three years on medical expenses. There was a discussion upon the amount of overtime and the budget for overtime. H. Report from the Undersheriff on prisoner transport issues between the jail and courthouse. Undersheriff Gailey noted there was an issue the week before where a juror and a member of the court saw the defendant in custody. He reported they held a meeting with the Judge and came up with a temporary solution. He noted the problem was the County only had property in the alley and if there were people parked in the alley abreast it blocked the other tenants in the area. IV. ELKO COUNTY LIQUOR BOARD: Discussion and consideration of approval of a Liquor License for 777, Gaming, Inc. (Rory L. Bedore, Scott W. Rhoda, Drew R. Skeen) doing business as the Scoreboard Lounge in Spring Creek. Chairman Myers called the liquor board to order at 4:20 p.m. and adjourned the board at 4:21 p.m. PAGE 10

11 Chairman Myers called a recess at 4:21 p.m. and reconvened the meeting at 4:31 p.m. V. ELKO COUNTY FIRE PROTECTION DISTRICT NEVADA DIVISION OF FORESTRY: A. Discussion and consideration of a presentation regarding an update of equipment. Keith Westengard, NDF, submitted an update on their current equipment and stations throughout the County. They would update the equipment list periodically. Commissioner Myers requested they include a description of the volunteers and budget. Keith Westengard replied there was rapid turnover of members at some stations. He explained the VFDs expenditures come from the Elko County Fire Budget except for the Town of Montello. He noted that County owned equipment that carried the 4277 number and 4195 was the state s equipment number. There were 45 county owned pieces of equipment and 25 state owned. All stations were County owned except for Deeth and Ruby 3 station but the County did the maintenance on the two state owned stations. The Board discussed electronic updates on the equipment inventory. Commissioner Myers requested quarterly reports on manning of volunteer fire departments. Tom Turk, Division of Forestry, submitted the 2008 Budget including comp time paid. He reported the County contributed to the State for the twelve positions inclusive of the fringe package. He explained the reimbursement rate the County received for their equipment contribution. Any 40 hour staff member that was assigned to a fire they were not backfilling, would be reimbursed for their overtime. If there was a shift position mandated then the County was reimbursed for the backfill position. The person on assignment was not reimbursed to the County and the State picks up that overtime burden. Any unfunded benefits out of the fringe package, the County received back for that particular year. Tom Turk gave an overview of the base budget, overtime, flex, and comp time accrued for B. Discussion and consideration of an equipment grant for $100,000 with a County match of $12,000. Keith Westengard, Battalion Chief, reported the Commission had previously approved the application for a grant for the replacement of equipment. The grant was rearranged by the committee to 60 breathing apparatus bottles and 30 sets of turnouts which reduced the amount of grant. Keith Westengard inquired if they would still support the grant application in the amount of $12,000. Keith Westengard reported February 2011 was their deadline. Robert Stokes inquired if they needed this equipment before fire season and received an affirmative response. Cash Minor suggested it be a contingency transfer today. PAGE 11

12 MOTION: Commissioner Ellison moved to approve $12,000 out of contingency for the equipment grant from this Fiscal Year. Commissioner Eklund-Brown seconded the motion. The motion was passed unanimously. Keith Westengard cautioned them they would have to replace 30 more bottles and would apply for another grant. VII. U.S. FOREST SERVICE: Mountain City, Ruby Mountains and Jarbidge District Travel Management Project: Discussion and consideration of issues regarding the Mountain City, Ruby Mountains and Jarbidge District Travel Management Project. Gar Abbas, Ruby Mountains and Jarbidge Districts, and Tom Montoya Mountain City Ranger District, were present. Gar Abbas stated it would be early April before they have the draft EIS ready for review. Commissioner Myers inquired if they had seen the document on the monument. Tom Montoya had not seen the document; it would affect the lands in central Nevada and Idaho. Commissioner Ellison noted he had received s from Nye County. Commissioner Ellison complimented Tom Montoya on his representation at the MIA/POW. Commissioner Russell reported on the Travel Management Plan meeting with the Forest Service. He thanked Ken Wellington for providing further data. XI. COUNTY OFFICE BUILDINGS: Discussion and consideration of reassignment of the use of Room 105 in the Courthouse Building. Rebecca Erickson, County Treasurer, requested that when they consider reassignment of this room they consider the element of danger they were bringing into the courthouse. The Treasurer noted during a previous meeting the Judge spoke about what happened during Family Court, temporary restraining orders, the people that come to their office and element of danger and emotion that took place. She expressed concern with that element next door to her office. The Treasurer commented they built the new complex which brought the pubic in concentrated numbers into this area which would mean more people would be exposed to this volatile situation that the Judge referred to. The Treasurer noted there was not the need for a courtroom but the need was for more security. She asked that they consider the cost of remodeling be better spent for providing more security there and keep the dangerous volatile situation away from the Courthouse and the County Office Complex. She noted in the remote location they could address the security element. Commissioner Myers felt that the PAGE 12

13 Treasurer hit on some good points and during those conversations they kept honing back on the type of youth they were dealing with. He agreed temporary restraining orders and taking children from parents made for a very volatile situation where there would be more public contact. Commissioner Ellison commented if there was incarceration after the trial then they have a transport issue. He noted there was already a problem with the prisoner transport location. Commissioner Myers suggested they table this issue until they could hear from the Judge. He asked if they spoke to Judge Kacin and gave him the opportunity to move his Court. Commissioner Myers noted the Judge wanted to bring the Clerk over here and move the Treasurer over there. The Treasurer stated that they have centralized all the County business in this area and bringing public to this area. She realized that Court was going on here but Judge Puccinelli realized the Family Court was the more volatile court. The Treasure commented the Family Court was presently located next door to the Sheriff s Department. Ken Wellington, business owner at 656 Court Street. He had dealt with Family Court before and agreed it was a different atmosphere. He noted that it would move it into the streets and there would be confrontations in the parking areas. He noted where they were presently next door to the Sheriff s Department. Ken Wellington commented the County s parking lot was next door to their business. Commissioner Myers stated in looking at security they may want to discuss that cost. MOTION: Commissioner Ellison moved to table the assignment of Room 105. Commissioner Dahl seconded the motion. The motion was passed unanimously. VI. BOARD OF COUNTY HIGHWAY COMMISSIONERS: Highway Chairman Russell called the Highway Board to order at 5:13 p.m. and adjourn the Board at 5:34 p.m. VIII. U.S. FISH & WILDLIFE SERVICE: Proposed Revision of Critical Habitat Designation for Bull Trout: Discussion and consideration of the Proposed Revision of Critical Habitat Designation for Bull Trout that proposes to designate approximately 22,679 miles of streams and 533,531 acres of lakes and reservoirs in five states, including 85 stream miles in Nevada, as critical habitat for the bull trout. Comment period on this proposal closes March 15, Commissioner Ellison and Assemblyman Carpenter attended the February 17 th public meeting and this impacted the western United States. He suggested they oppose the critical habitat designation. Commissioner Dahl noted one of the threats was the climate changes affecting the rearing and spawning. He PAGE 13

14 questioned how they could designate critical habitat for a species based on the chance of global warming. Commissioner Ellison cautioned once the species was listed it would not be removed. Commissioner Dahl believed the reason they were listing the habitat was because of the lawsuit by the Alliance for the Wild West Rockies and Friends of the Wild Swan. Commissioner Myers suggested they gather support from the other states and sue the U.S. Fish and Wildlife. Commissioner Eklund-Brown suggested they include the Alliance for the Wild West Rockies and the Friends of the Wild Swan. Commissioner Dahl noted they base their listing on a former report that found a former Interior appointee had extensively interfered with the final 2005 designations by directing large areas to be excluded from what had been proposed and by not allowing the inclusion of any areas unless there was absolute certainly that bull trout were present. Commissioner Eklund-Brown noted the U.S. Fish and Wildlife s expectation was they would go into areas they had not been with increased population. She pointed out that the population numbers were increasing and they were close to delisting because of the numbers the USGS found. MOTION: Commissioner Ellison moved to send a letter in protest against the listing in the 22,679 miles of streams and 533,531 acres of lakes and reservoirs, and include the letters to not only go to the U.S. Fish and Wildlife but to the Congressional Representatives and include the comments made today and the letter from Assemblyman Carpenter. Commissioner Dahl seconded the motion. Commissioner Eklund-Brown commented they should add reasons of impacts to natural resource industries such as mining, oil and gas, water rights, and ranching. Commissioner Myers added no sound science on global warming. Commissioner Eklund-Brown commented there were population increases and it was an isolated population; they should go toward delisting. The motion passed unanimously. IX. METROPOLIS IRRIGATION RESTORATION PROJECT: Discussion and consideration of an update report on the Metropolis Irrigation Restoration Project that will make improvements to Metropolis Irrigation District structures including the Bishop Creek Dam and a new Recreation Facility consisting of road access, campsites, picnic tables and a dock on the Bishop Creek Reservoir. Commissioner Dahl stated they were waiting for answers on when they can impound the water for the minimum pool and what was considered decreed water. Kirk Owsley, Division of Water Resources, requested an answer from the Deputy Attorney General. Second question was if they have to maintain a PAGE 14

15 minimum pool would the water be outside of decree. Commissioner Dahl felt there would have to be an agreement between the Irrigation District and NDOW because it would affect the water rights. He noted to avoid the requirement for the minimum pool was not to accept NDOW funding. They would find out what the water financing position would be if they go to them without an agreement with NDOW on the minimum pool. Commissioner Myers inquired if it would be a fishery. Commissioner Dahl stated it would be a fishery and there would be a recreation area in order to get financing from the water board. He stated there was the possibility of a lawsuit from downstream users on the minimum pool. Robert Stokes reported there was a meeting scheduled on Thursday with Army Corps of Engineers on this project. X. VETERANS ADMINISTRATION: Update report on Elko County s application for a VA clinic. Robert Stokes stated there was no report. XII. UNR FIRE SCIENCE ACADEMY: Discussion and consideration of issues related the Fire Science Academy in Carlin and the proposal to co-locate the National Guard at the location. Commissioner Ellison would attend the meeting on March 2 nd with Senator Bryan and the National Guard. XIII. NEVADA LEGISLATIVE SPECIAL SESSION: Discussion of issues related to the Special Legislative Session being held to address the current State Budget shortfall. Cash Minor stated they were taking testimony. Commissioner Eklund- Brown requested they send a letter in support of the mining industry. Robert Stokes would speak to B. J. Selinder on the matter. Commissioner Ellison stated with regards to the bargaining unit, NACO took the position to let the legislature move forward before intervening. He and Robert Stokes would testify regarding indigent defense on Friday. XIV. COMMISSION MEETING CALENDAR: March 10 & 11, :30 p.m. Elko Courthouse March 25, :30 p.m. Elko Courthouse All Times Pacific Time The Board discussed moving the mid month to March 24, MOTION: Commissioner Eklund-Brown moved to approve the Commission Meeting Calendar with the change to March PAGE 15

16 PAGE 16 24, 2010 to 1:30 p.m. Commissioner Russell seconded the motion. The motion was passed unanimously. XV. CONSENT AGENDA: A. Presentation and review of claims for approval. MOTION: Commissioner Eklund-Brown moved to approve the Consent Agenda. Commissioner Russell seconded the motion. The motion was passed unanimously. XVI. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Commissioner Russell invited another Commissioner to the NDOT morning meeting tomorrow on the process to develop projects. Commissioner Eklund-Brown spoke to Mike Balen who wanted to give them an update on their summer project: three bridges on Meadow Creek, and the project in the Lamoille Canyon. Robert Stokes noted Gar Abbas asked the road chairman to schedule a meeting. Commissioner Russell stated there would be a rock crusher in the Jarbidge area this year and Otis Tipton would speak with Gar Abbas on multiple use or joint use. Commissioner Ellison believed the legislative council would not vote in favor of caseload limits for the Public Defender because of the decrease in the State budget. Commissioner Myers noted the election sign ups would begin on March 1, Commissioner Myers asked if there was resolution on the ownership of the cemetery. Commissioner Ellison noted when he was on the City Council they did research and stated that the County owned it. Commissioner Myers noted the City had received the fees in the past. Cash Minor reported in the past the County has provided funding for maintenance of that section but it was stopped a few years ago. Commissioner Eklund-Brown inquired why they were not maintaining it if it was the city s. Commissioner Ellison departed the meeting room at 6:03 p.m. Robert Stokes commented that George Boucher stated the County has maintained it and owned it since the 1940 s because it was outside the city and the City was unincorporated. XVII. NORTHEASTERN NEVADA REGIONAL RAILPORT: A. Discussion and consideration of issues related to the Northeastern Nevada Regional Railport including an update on the construction of the facility. Cash Minor reported Savage had brought in an engine and moved three cars. He stated they were occupying the building. Commissioner Eklund-Brown

17 asked about the funding for the telephone line. Cash Minor stated everything was budgeted and there was no contingency. B. Discussion and consideration of the selection of an engineering firm to provide water and/or fire water protection system design services for the Railport. Robert Stokes stated Lynn Forsberg, Randy Brown and Tom Ingersoll gave them two recommendations: Konakis Engineering LLC and ECO:LOGIC. MOTION: Commissioner Eklund-Brown moved to approve Konakis Engineering LLC, which consists of Konakis Engineering LLC, High Desert Engineering and Surveying, Lostra Engineering and Advanced Electrical Design. Commissioner Russell seconded the motion. Commissioner Ellison was absent during the vote. The motion passed by majority vote. XVIII. ADJOURNMENT: MOTION: Commissioner Dahl moved to adjourn the meeting. Commissioner Russell seconded the motion. The motion was passed unanimously. There being no further business to come before the Board, the meeting was adjourned. APPROVED, CHARLIE MYERS, Chair ATTEST: MARILYN TIPTON, Deputy Clerk PAGE 17