STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. FEBRUARY 2, 2005

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1 STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. The Board of Elko County Commissioners met in a regular session on February 2, 2005 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 John Ellison ABSENT Warren Russell Sheri Eklund-Brown Mike Nannini County Manager Robert Stokes Deputy District Attorney Kristin McQueary Elko County Clerk Win Smith Deputy County Clerk Marilyn Tipton Chief Financial Officer Cash Minor County Sheriff Neil Harris Undersheriff William Cunningham Road Supervisor Otis Tipton Acting Library Director Laura Oki Ambulance Director William Webb County Assessor Joe Aguirre The proceedings were as follows: CALL TO ORDER: Chairman Myers called the meeting to order at 1:35 p.m. He commented that Commissioner Russell was absent today. He stated Mr. Russell was attending the Rural Water Conference. PLEDGE OF ALLEGIANCE: Commissioner Eklund-Brown led the meeting participants in the Pledge of Allegiance. COMMENTS BY THE GENERAL PUBLIC: No public comments were submitted. PAGE 1

2 HEALTH CLINIC DONATIONS: The Board recognized Stewart Title of Northeastern Nevada and McMullen Insurance Agency for their generous donations which would assist in the costs of renovation of the Old Elko Clinic Building to serve the medical needs of our Community. Stewart Title of Northeastern Nevada and McMullen Insurance Agency challenged the Community to support this worthy project. Commissioner Myers noted that David Huckaby was unable to attend to receive the certificate for Stewart Title today. He commented that Russ McMullen would accept the certificate for McMullen Insurance Agency. MOTION: Commissioner Eklund-Brown moved to approve a certificate of appreciation to Stewart Tile of Northeastern Nevada and McMullen Insurance Agency. Commissioner Nannini seconded the motion. The motion was passed unanimously. Russell McMullen stated when he and Anne heard about the endeavor, they understood the issues before the community. They believed this was a very worthwhile project and congratulated the Board for taking on this project. Commissioner Myers thank them for their donation. He stated that Al Park would also be donating. He stated that there was an anonymous donation of $ He reported that Elizabeth and Anthony Ternes had donated $ Commissioner Myers stated that Dale White, Stewart Title and McMullen Insurance had each donated $ The Family Resource Center would donate $ Commissioner Myers reported that the total amount donated was $100, with special thanks to the mining community and the businesses in town. He expressed appreciation to Russell McMullen for their donation and the challenge. Commissioner Ellison felt that they need to schedule an award presentation for Al Park Petroleum. Robert Stokes stated that another business was also interested in donating. Commissioner Eklund-Brown inquired how short they were on the needed funding. Commissioner Myers responded they were approximately $38, short. COMBINED VA / NEVADA HEALTH CLINIC PROPOSAL: The Board discussed the ongoing efforts to locate a combined VA / Nevada Health Clinic at the old Elko Medical Clinic facility to serve Veterans, Medicare, Medicaid and other patients. This was a partnership project with participants from Elko County, local Veterans, the Northeastern Nevada Regional Hospital, Great Basin College, the UNR Medical School Rural Outreach Department, Nevada Health Centers, Assemblyman John Carpenter and Nevada s Congressional Delegation. PAGE 2

3 Robert Stokes noted that Cash Minor had a meeting with the college. Commissioner Myers inquired if anyone from the County had gone with the College on the walkthrough in the basement. Commissioner Nannini stated that at the last hospital board meeting it was stated the damage was not really bad and would not have anything to do with operations. He stated if insurance was involved they may seek funding. WAVIER OF PROPERTY TAXES ON THE OLD ELKO CLINIC: The Board considered granting a wavier of property taxes on the old Elko Clinic Facility since that facility would be used for public health service purposes or other educational health utilizations and not as a commercial business. Commissioner Myers noted that they had received a letter from Kristin McQueary with reference to the NRS statutes. Commissioner Ellison inquired if this would be a County building and exempt. Commissioner Myers noted it would be an educational facility and leased to the college system. Robert Stokes clarified that it under a 10 year lease to the college. MOTION: Commissioner Ellison moved to waive the property taxes on the old Elko Clinic facility. Commissioner Eklund-Brown seconded the motion. Commissioner Eklund-Brown stated that they needed a copy of the agreement between the hospital to the clinic to be given to the Elko County Assessor so it could be on file explaining the waiver of taxes. The motion was passed unanimously. ELKO COUNTY COOPERATIVE WEED MANAGEMENT AREA: The Board heard a presentation on the Elko County Cooperative Weed Management Area (ECCWMA) activities and accomplishments in 2004 and discussion regarding the 3 rd Annual Elko County Weed Summit to be held on February 17, Mark Coca of the BLM, and a member of the ECCWMA stated he would like to update them on the activities in 2004 for the ECCWMA. He stated they have an official Memorandum of Understanding and thirty-eight organizations or entities have signed on that agreement. He reported that they had received two grants from the following: 1) Center for Evasive Plant Management located in Montana, and the 2) Nevada Department of Agriculture. He stated those two grants totaled approximately $10,000. Mark Coca stated that they had completed their annual plan of work, and would update that as new projects came along. Mark Coca stated that educational and awareness programs were being performed. One of their programs was at the Elko County Fair where they distributed educational brochures. PAGE 3

4 Mark Coca stated they were compiling the inventory data for the noxious weeds located within the County. He stated that they were working with the different agencies and the weed conservation districts. Mark Coca reported that they had established a spraying equipment loan program to the public. He stated that they were drafting a release type form to guarantee that the equipment stays in good shape. Commissioner Eklund-Brown asked who donated that spray equipment. Mark Coca replied the Forest Service. He stated with grant funding they did purchase several GPS units to be used on their mapping efforts. Mark Coca stated that there were a number of legislative actions scheduled for this next session. He stated one bill raised the pesticide registration fees to the companies by and additional $20.00 to be used for further grants. Mark Coca stated the money would go to the Nevada Department of Agriculture and they would set up a grant session wherein they would accept proposals and distribute that grant funding. He would get the exact number on that bill to Robert Stokes or Cash Minor. He stated that their third annual Elko County Weed Summit was scheduled for February 17, 2005 from 8:30 a.m. to 3:00 p.m., at the Elko Convention Center. He stated they would like to get the word out to the general public and inform them what they could do with regards to noxious weeds. He stated the theme was Elko County s War on Weeds, What You Can Do. Mark Coca stated that they would have numerous speakers at the summit. He stated that the topics at the summit were as follows: what s working and what s not, biological control methods, chemical control methods, what s going on in Nevada with legislation for weed control, ongoing control projects in Elko County, future control projects planned for Elko County, and what elementary school kids are doing. Mark Coca reported that last month they submitted a grant to the Nevada State Department of Agriculture to assist the Nevada State Park at South Fork. He stated that park had a big concentration of some of the worst noxious weeds. He stated that the State Park did not have the funding to combat those weeds. Mark Coca stated that they had just received word that they would be receiving that grant funding for the South Fork State Park. Commissioner Ellison inquired where the grant funds were coming from. Mark Coca replied that it would come from the Forest Service through the Nevada Department of Agriculture to be used for weed control. He reported that the $7, of grant monies would funnel through the ECCWMA to be used at the South Fork State Park. Mark Coca stated that the brochures on the summit would be distributed and flyers would be posted throughout the County for their third noxious weed summit. Commissioner Eklund-Brown stated this was a great board and noted there were a lot of experts that contribute their time. She reported that Mark Coca was elected president of the State Weed Association. Commissioner Eklund-Brown reported that Assemblyman John Carpenter had attended their last meeting and PAGE 4

5 would keep them informed of any bills with regards to noxious weeds or possible funding. She stated that a portion of the OHV registration fees may go toward weed control depending upon how the legislation was written. Commissioner Eklund- Brown stated that last year Senator Reid had informed them that a booklet was coming down through the Nevada State Department of Agriculture for work on the ground. Commissioner Eklund-Brown reported that Kent McAdoo would be offering a book on noxious weeds which depicted identification and control at the summit. Commissioner Eklund-Brown stated that she would not be able to attend this weed summit. She encouraged more commissioner support and attendance at the weed summit. Commissioner Eklund-Brown noted initially they had four commissioners attend the summit when RAC hosted the summit. Commissioner Myers inquired when that agenda would be out. Mark Coca replied the meeting would begin at 8:30 a.m. in the Convention Center. Commissioner Ellison inquired if the Idaho speakers from last year would attend this year. Mark Coca stated they would get a copy of the finalized agenda listing the speakers to the Board. Commissioner Myers noted that they have received $7, in grant funding for the South Fork State Park but there were only two rangers out there. He inquired if they had a support day to help the rangers. Mark Coca stated he hoped to have two volunteer work days planned for that area. Commissioner Myers noted a lot of people use that South Fork State Park area. Mark Coca submitted copies of the weed summit flyer to the Board members. SAFETY COMMITTEE REPORT: Bill Webb reported there were no matters and incidents coming before the Safety Committee. He congratulated all the employees and staff for their safety record. Bill Webb stated that he would be asking for the Department Heads to fill out their safety renewal reports for the Safety Award. He believed the amount would be approximately $3, for the safety funds. GUEST IN ATTENDANCE: Commissioner Myers noted that Congressman Gibbon s representative Betty Jo Vonderheide was in attendance at this meeting. LIBRARY BOARD OF TRUSTEES/LAW LIBRARY BOARD OF TRUSTEES: Jeanette Moore submitted a written report on the Board of Trustees activities and minutes including issues related to the continuing operation of the County Library. She noted that Laura Oki was working on a server that had gone down and could not attend the meeting today. PAGE 5

6 Commissioner Ellison inquired what was happening on the leaky roof. Kristin McQueary stated that Laura was waiting for a report from the roofing company (Southam & Associates) who had performed an inspection. Commissioner Ellison inquired if there was any way that they could request the choice of Director be based upon experience, knowledge and lack of applicants. Robert Stokes stated both he and Laura Oki had spoken to the State Librarian, Sarah Jones. They were informed there was no way around that restriction because the Elko County Library System was too large a system involving several counties. Commissioner Ellison noted that they had discussed using Larry Beller and Associates. Jeanette Moore stated at their next meeting they would discuss the recruitment of the Library Directory. Commissioner Ellison believed that Laura had the knowledge and talent. Commissioner Myers inquired if it was not for the Master s Certificate would the Library Board support Laura as the Library Director. Robert Stokes stated that he had spoken to Laura who supported the recommendation of a Master s Degree. Commissioner Myers noted that grant funding was contingent upon that restriction. He felt that if they were not successful on their recruitment process for the Library Director perhaps the Commission should send a letter to the Governor requesting appointment of Laura to that position. Commissioner Eklund-Brown inquired when the new carpet would be installed. Jeanette Moore replied that the library would be closed February 12 through the 22, 2005 to install the carpet. She stated that currently they were taking books off of the shelves. Commissioner Myers inquired if they were replacing the carpet before they repaired the roof and Jeanette Moore replied yes. Robert Stokes noted that one of the smaller leaks was in the children s area. He commented that it would take a lot of time to take out all the books and shelving out to lay the carpet in that size of a facility. ELKO COUNTY JUVENILE PROBATION DEPARTMENT: Jim Watson submitted the written Juvenile Detention and Juvenile Probation Monthly Report. Commissioner Eklund-Brown inquired about the Spring Creek Program. James Watson replied that they had moved the office into the school. He stated that there had been some discussion about what the officer s role would be in the school vs. what that probation officer s role was in the community. James Watson stated that they did not want to intimidate anyone, yet they wish to make their services available. Commissioner Myers inquired how well they were recouping their fees. Jim Watson stated that they had kids in their program but they did not get as many kids as they had hoped. Commissioner Ellison noted that there were no collections PAGE 6

7 listed. Jim Watson stated today they received a $ check on a China Spring assessment. Commissioner Ellison noted that their report usually showed expenditures on the report. Jim Watson stated that information was upon page 2 of the spread sheet. He stated in January they collected $16, He stated that there was fluctuation in the report because of the payment cycles from the various agencies that owed them money over the course of the year. Jim Watson stated that State Parole and Probation, Youth Parole and Human Resources may pay quarterly. Commissioner Myers inquired in what amount was their mini grant? Jim Watson replied it was in the amount of $ Commissioner Ellison requested Cash Minor to schedule a meeting with the City regarding the parking lot. Commissioner Myers asked when the National Youth Service Day was scheduled. Jim Watson responded April 15 to 17, Commissioner Myers inquired if that could be married up with the South Fork weed abatement project. He suggested that Jim Watson speak with Mark Coca and Sheri Eklund-Brown about that project. Commissioner Eklund-Brown stated that they have discussed utilizing trustees or the kids from the Juvenile Detention Center. Jim Watson stated that they have kids who were on probation that have community service obligations. He stated this may be in conjunction with the Teen Court program. Commissioner Ellison noted that he and Charlie Myers observed Jim Watson handling a confrontational situation with a young lady. Commissioner Eklund-Brown asked if Jim Watson would be going to the Minden meeting on Monday at 3:30 p.m. Jim Watson asked that she send him more information. Commissioner Eklund-Brown stated this was a rush meeting before they submit the bill draft. SHERIFF'S DEPARTMENT: Sheriff Harris reported that they had 105 in custody today. Commissioner Myers asked what the difference was in the color of the uniforms. Sheriff Harris replied the color red meant lock downs, blue was for trustee status, and orange was DUI status. Sheriff Harris discussed the radio communication problem issues including mountain top transmission and receiving radio facilities and coordination with local and state entities to seek resolution. Commissioner Myers noted on Thursday at 2:30 p.m., there was a meeting scheduled. Sheriff Harris noted that they would give information to Assemblyman Carpenter who would share that information with Senator Rhoads. Commissioner Ellison inquired if they were going forward with the grant process. Commissioner Myers noted that they were seeking funding from the legislature. Sheriff Harris stated they had submitted a grant application through Homeland Security but there was limited money available through that avenue. He PAGE 7

8 had attended a meeting yesterday in Carson City with the State Communications Board. Sheriff Harris stated that Board was still in the process of putting together a proposal to be presented before the legislature. Sheriff Harris stated they had a continuing problem with the Rocky Point repeater site. He stated that they had ordered a new repeater and that would be paid for that out of the inmate telephone money and money budgeted for a new transport van. Sheriff Harris cautioned them that they would have to put money aside for all the other mountain top repeater sites. He stated they would repair the old repeater to be used as a backup if one of the other mountain top repeaters went down. Sheriff Harris stated that Sierra Communications were recently working on another mountain top site. He stated that Sierra Communications did a little bit of work on Rocky Point before weather conditions developed. He noted that with the fog they were having problems with the mountain top locations due to the ice build up on the solar panels and the antennas. Sheriff Harris stated that Penn (Pennsylvania) Hill had no power when the solar panels iced up, if there was fog or they had cloud cover. He stated that they were able to communicate through Humboldt County if they had problems in that area. Sheriff Harris stated they had satellite phones with the deputy in that area. Commissioner Myers inquired what a repeater would cost to replace. Sheriff Harris replied $11,0000 was the cost for the repeater they just purchased. He stated that amount did not include installation. Commissioner Nannini recommended that the McIntosh give a presentation on how serious this situation was. He asked that it be placed on the agenda for the midmonth meeting. He suggested that they set aside an hour or an hour and a-half for that presentation. Commissioner Nannini cautioned that the deputies were risking their lives. He pointed out that the ambulance crews and NDF also used that equipment. Commissioner Nannini felt that they needed to know what those agencies needs were. Sheriff Harris stated that when they had problems in Wells with the Rocky Point repeater dispatch could not call out to the ambulance and they had to knock on doors for volunteers so that the ambulance could respond to a call. Commissioner Myers inquired if the repeaters were added to his capital equipment fund every year. Sheriff Harris replied yes but this was a big problem. Commissioner Eklund-Brown stated that she had brought this matter up in their planning conference held in Tonopah. She reported that most of the other counties were facing the same issue. She noted that some of the other counties had gone to satellite phones but they were more expensive. Sheriff Harris commented that the majority of the deputies had their own cellular phones. He stated that there were four cellular phones assigned to deputies within this area. Sheriff Harris stated the Mountain City area had been assigned a satellite phone because of the major communication problems with Penn Hill. Commissioner Myers PAGE 8

9 inquired what the costs were for satellite phones. Sheriff Harris replied approximately $1,000 to purchase the phone and then there was the monthly service fee. Bill Cunningham stated if would be $50.00 per month for a basic plan. Commissioner Nannini noted they were having problems with the 800 systems and were planning to ask the State for another 40 million dollars for that 800 system. He believed that they should also ask for funding from the State to upgrade their system to modern day standards. Commissioner Ellison noted that millions of dollars were spent on Homeland Security but it would not help if there was no communication for the law enforcement personnel. Commissioner Nannini noted that there were 28 million dollars allotted to Nevada and from those Homeland Security funds Elko County received $250, He stated that LEPC had applied for the $250, Sheriff Harris stated that was one of the reasons he wanted to meet with Assemblyman John Carpenter and Senator Dean Rhoads to educate them on the present communication system. He stated the State system which was being put in would be for the Nevada Department of Transportation, DOIT Nevada Department of Information Technology and the Nevada Highway Patrol. He stated that system would not assist the County because it was for communication along the major highways. Sheriff Harris would like to have the State help all the counties which have the VHF system. Commissioner Ellison inquired if he had talked to Betty Jo Vonderheide to inform Congressman Gibbons. Commissioner Nannini stated they were able to contact the head of communications for Clark County for the metro. He stated that they were planning to go to a 700 system. He noted that the County may get all of their equipment but it would not be available for two years. Sheriff Harris had spoken to Rob Johnson in Clark County and they had about 500 mobile radios and 40 to 50 repeater sites that they would phase out. Sheriff Harris stated that those were crystal repeater sites and would not help the County because they were not digital. Sheriff Harris stated that they would send a letter down to the Clark County Sheriff and request communication between then when they start to phase out the old system. Commissioner Eklund-Brown inquired about the BLM law enforcement issue. Sheriff Harris stated he would attend the meeting in Fallon on February 11 th with Bob Abbey the Nevada BLM Director, Mark Pirtle the Nevada Law Enforcement Director and the committee from the Nevada Sheriffs and Chiefs. He stated they would discuss the BLM law enforcement issues. Sheriff Harris did not believe any of the members of the Sheriff and Chief s Association had changed their minds as far as granting law enforcement authority to the BLM. Sheriff Harris stated that any County could enter into an agreement with the BLM to give them that authority then that would be up to the County. Commissioner Eklund-Brown asked about authority PAGE 9

10 to protect specific areas where they had growing problems. Sheriff Harris stated he was not against them entering into an agreement. Sheriff Harris noted that the BLM did that with regards to the Burning Man, the Sand Mountain and specific areas which had a definite need. Commissioner Nannini complimented Sheriff Harris on his efforts. ELKO COUNTY CLERK S OFFICE: Win Smith requested authorization under Resolution No , to donate the old voting machine equipment to other governmental entities in Elko County. The State of Nevada switched to the Touch Screen voter machines at the last statewide election cycle. If approved, this action would donate the Vote Scanner voting machines to other local government entities in Elko County. Win Smith had spoken to Lori Lynch from the City of Elko and to the City of Carlin. She stated that those entities wanted to use the old voting booths. Win Smith was informed by Kristin McQueary that she would need a Resolution to transfer these machines over to those cities. Commissioner Eklund-Brown inquired if those cities had to use Sequoia. Win Smith stated only the federal offices and state offices had to go through Sequoia. She commented that most of the incorporated cities would attempt to have their elections changed legislatively to the November elections so it would save everyone money. Commissioner Ellison inquired if the cities were restricted by the federal mandates. Win Smith replied the cities do not have to use the Sequoia machines. She had spoken to the Sequoia personnel and the State would only pay for one more election cycle. Win Smith stated after that election the County would have to pay for the election services through Sequoia. MOTION: Commissioner Ellison moved to authorize a Resolution , entitled: A RESOLUTION BY THE ELKO COUNTY BOARD OF COMMISSIONERS, IN ACCORDANCE WITH NRS , ALLOWING THE DONATION OF OLD VOTING MACHINE EQUIPMENT TO OTHER GOVERNMENTAL ENTITIES IN ELKO COUNTY. Commissioner Nannini seconded the motion. The motion was passed unanimously. Win Smith gave an updated report on the status of the implementation of the Statewide Voter Registration System. She commented that in 2001 there was a legislative HAVA bill signed but in the 2005 national budget there was no money allocated for HAVA. Win Smith explained the States would be responsible for everything after the election cycle in Win Smith stated that she would attend a meeting with the Covansysis Company, the company awarded the Statewide Voter Registration, on February 14, PAGE 10

11 2005. She commented that the Covansysis Company discovered that the Clerks wanted a little more service than what they were prepared for. Win Smith stated that the Covansysis personnel returned to Connecticut this week where the company was based. Commissioner Eklund-Brown asked if an individual s identification would be known throughout the State with regards to voting in a certain location. Win Smith understood that when they put in a person s name with their Social Security Number or Driver s License then that system would show where that person was registered and in what County. She stated the objective was to prevent voter fraud. Commissioner Eklund-Brown inquired if they would have to input every voter within the county into this system. Win Smith replied they would have to enter each of the voters into the system and maintain that registration. Commissioner Myers asked when they would start this procedure. Win Smith stated they would start doing more in the system in April when they have the extra help. She noted that Nevada had a unique petition wherein they had to check all the signatures. Win Smith stated that the Covansysis Company was not familiar with the early voting process and the absentee mailing precincts in Nevada. Commissioner Myers inquired where the voting machines were stored currently. Win Smith stated the new machines were stored at the Terraces. Commissioner Myers inquired if that facility was heated. Win Smith replied it was heated but it was rather costly. She hoped someday the clerks would be reunited in their office, with those machines. ELKO COUNTY BOARD OF EQUALIZATION: Pursuant to NRS , the Board considered the appointment of a Chairman for the Elko County Board of Equalization. MOTION: Commissioner Nannini moved to reappoint Walter Leberski as Chairman of the Elko County Board of Equalization. Commissioner Ellison seconded the motion. The motion was passed unanimously. Vice Chairman Ellison of the Highway Board of Commissioners called the Highway Board to order at 2:32 p.m. and adjourned the meeting at 2:42 p.m. Chairman Myers called a recess at 2:43 p.m. and reconvened the regular meeting at 2:52 p.m. WHITE PINE COUNTY WATER ADVISORY COMMITTEE (WAC): Robert Stokes informed the Board that Randy Brown had asked that the PAGE 11

12 discussion on the letter from the White Pine County Commission regarding the formation of WAC to study the impact of Clark County entities seeking to obtain water resources from areas outside Clark County be tabled until the next meeting. MOTION: Commissioner Ellison moved to table. Commissioner Nannini seconded the motion. The motion was passed unanimously. Robert Stokes reported that Randy Brown would like to take this item before the Water Planning Commission first and this item would be back on the Commission agenda for the 16 th of February. STATE CONSOLIDATED SALES TAX DISTRIBUTION: The Board discussed the current consolidated sales tax distribution formula upon revenues received by the County including consideration of alternative formulas as part of an interlocal agreement between the various governmental entities in the County and consideration of support for potential legislation concerning this issue. Robert Stokes stated they were looking at everyone s schedules and hopefully they would have another meeting scheduled next week with all the entities to negotiate on the Interlocal Agreement. Robert Stokes stated on Monday he met with a couple of the Jackpot Advisory Board members, staff and members of the community. He had reviewed the numbers with them at the meeting. Robert Stokes stated they were excited that Jackpot may receive $500, However, they did talk about where that money came from and the current formula change. Commissioner Myers asked that this agenda item remain on the agenda. Commissioner Eklund-Brown stated that she had spoken to Gene Frank in Jackpot and she felt that Jackpot was leaning toward less than the 1 plus formula and would send a recommendation back to them. Robert Stokes noted when he was at the Jackpot meeting he had reviewed all the formulas inclusive of the 1 plus formula, Assemblyman Carpenter s formula and West Wendover s proposal. Robert Stokes stated they would let Jackpot know as these committee meetings continue with regards to the Interlocal Agreement. Commissioner Myers thanked Robert Stokes for going to Jackpot to discuss this with them. He felt it was good for the County relationship with the other entities. Commissioner Eklund-Brown inquired about Mountain City and Montello. Robert Stokes noted that there would be less than a $1,000 impact toward those communities. NEVADA STATE DEMOGRAPHER POPULATION ESTIMATES: The Board considered the Nevada State Demographer revised population PAGE 12

13 estimates for Elko County. The County appealed the original estimates for the 2004 Annual Population Estimate for Elko County provided by the State Demographer based upon antidotal information indicating that housing was less available, apartment rentals were up, self storage facilities were full and employment was increasing. The State Demographer had provided revised populations estimates for review by the County. Robert Stokes noted this item had been on the agenda for several meetings. He stated they have not received anything new from the State Demographer. Robert Stokes stated the latest, preliminary numbers were for 2004 which had the County up 1.5% at 46,499 population. He stated the City of Elko was up 4.8% at 17,140 population which was an increase of 4.5 % over the original estimate for the County. He stated that estimate went up over 11% of the original estimate for the City of Elko. Robert Stokes noted one of the reasons that they had increased the population figures for the City of Elko was that the Elko Indian Colony had not been included in their previous estimates. Robert Stokes noted that the City of Elko had questioned that and the State Demographer did have a ruling that the Elko Band should have been included into their numbers. Robert Stokes had inquired about the City of Wells which had the Wells Indian Band. He noted that within the unincorporated areas of the County they had several tribal properties. Therefore, he questioned if the unincorporated County estimates would also be increased because of Lee/Jiggs and Owyhee bands in the unincorporated areas. Robert Stokes stated they had not heard back from the State Demographer on those questions. Commissioner Eklund-Brown inquired if those numbers could be retro active. Robert Stokes stated that the City of Elko had also asked that question. Robert Stokes commented that he would not want to be the State Demographer. He stated the State Demographer had to work through various formulas to come up with the estimates and they knew it was not a perfect system. Robert Stokes believed that was the reason the State Demographer had worked with the County, and the Cities of Elko, Wells, and Carlin. He stated the State Demographer had to justify what he did with every governmental entity. Commissioner Eklund-Brown inquired if the census included the tribal populations. Robert Stokes stated the census did count the tribal population but apparently it was not included within the City of Elko s State Demographer s estimates. Commissioner Eklund-Brown inquired if tribal populations would be added throughout the County and to the City of Wells. Robert Stokes stated they did not know if those estimates would be adjusted. He stated that the State Demographer had looked at utilities hookups and some of the Assessor s data. Joe Aguirre stated that in the past years their office had went out and gathered numbers of rooms in boarding houses, the prison counts, and counts at the Owhyee PAGE 13

14 and Lee Indian Reservations. Joe Aguirre stated that his office had gathered numbers that the State Demographer had not been using. He stated they had revamped their entire computer system so that they could tell them how many single family homes were in any given area. Joe Aguirre stated they could tell them how many mobile homes, how many converted homes, how many apartments and how many duplexes were in any given area. Joe Aguirre stated that his appraisers have to go to every single one of those places and hand counted every one of them. He stated that his office was much more accurate than it had ever been before. Joe Aguirre stated that they were refining their office all the time. He stated that the State did some changes this year that made him feel uncomfortable. He stated they used figures given to them by Sierra Pacific but that made him uncomfortable because there were five power companies located in Elko County. He stated that this was not an exact science and he was glad the State Demographer was not his job. BLM ENVIRONMENTAL STUDY ON GRAZING IMPACTS TO SENSITIVE BIRD SPECIES: The Board discussed the Court ordered environmental study of grazing impacts to sensitive bird species and habitats on eleven allotments in Elko County. Robert Stokes stated that he had asked Ray Lister the project manager of the BLM to meet with the PLUAC board. He stated that in essence there were about 1.3 million acres in three different allotment groups which were under review. Robert Stokes stated that the BLM did an EA on those allotments: the Sheep Complex, the Big Spring allotment and the Owyhee Complex. He stated that in the BLM initial EA they did reduce the grazing in those allotments. Robert Stokes believed the total reduction was between 15% or 20% on those allotments in the 1.3 million acres. He stated the BLM also made some fencing recommendations, etc. Robert Stokes stated the Western Watershed Project of Idaho sued the BLM because they did not feel that the BLM had done enough to protect the environment specifically for the sensitive bird species. Robert Stokes commented that the federal Judge ordered the BLM to review what they had done and to come back with additional recommendations. He understood that the BLM was saying that they did exactly what the Judge wanted them to do in the original study and they were coming back with the same levels on the cattle allotments. Robert Stokes stated another lawsuit has been filed by the Wester Watershed Project stating that the BLM was not doing enough. Robert Stokes stated that he had prepared a draft letter. He had spoken to Ray Lister who told him that he would like a show of support from the Commission. He would recommend that the Board supported the BLM. PAGE 14

15 Commissioner Eklund-Brown felt that the draft letter was comprehensive as far as to what was discussed at PLUAC. She noted that the PLUAC did not any make recommendations but there were a lot of questions asked of Ray Lister. Commissioner Eklund-Brown noted that the Western Watershed Project court strategies were discussed. She commented that this did impact a lot of areas. Commissioner Eklund-Brown stated that the Western Watershed felt that the NEPA documents were incomplete and wanted those visited again. She noted that Ray Lister stated Western Watershed was not asking for grazing closure but for more work done on the sensitive species. She stated Western Watershed wanted to see more reduction of grazing in those areas. Commissioner Ellison believed that they should really consider their actions when a species takes over a livelihood and an income within the State of Nevada. He stated the people of the special interest groups which file these suits should be held personally liable and should have to pay all court costs. Commissioner Eklund- Brown felt they should also have to pay all administrative fees. Commissioner Eklund-Brown felt that the special interest groups should be held accountable for their actions which was costing the taxpayers. Commissioner Eklund-Brown stated that they had discussed this at RAC (Resource Advisory Council). They felt that there should be some fees associated with that process. She noted the amount of costs for the administration on the sage grouse not only for the federal and state agencies but also from the taxpayers money. Commissioner Ellison noted that the BLM had tried to save some of the grazing rights. He believed that they should also send a letter to the Governor. Robert Stokes believed that they could send a copy of the letter to the Governor. However, the Governor did not have a standing on this issue directly. Commissioner Eklund-Brown noted that Ray Lister had commented that the Judge had not withdrawn the NEPA documents nor the Environmental Assessment but had required the BLM to perform further analysis. She stated that basically the BLM was going through the same analysis. Commissioner Ellison felt the special interest groups should be held responsible and accountable for all court costs, what it had cost the BLM and the ranchers. Commissioner Myers felt that Robert Stokes captured what the Commission encouraged in Elko County in the draft letter. Commissioner Myers felt that the BLM tried to minimize the impact to the grazing which this Commission supported. MOTION: Commissioner Ellison moved to approve the Letter of Support to Ray Lister of the BLM. Commissioner Eklund- Brown seconded the motion. The motion was passed unanimously. PAGE 15

16 Commissioner Myers believed that they should write a cover letter and attach a copy of this letter to the Governor. He believed that Commissioner Ellison s concerns were valid concerns. Commissioner Myers stated that these groups continue to file and it cost the government and the taxpayers more money to perform these studies. Robert Stokes felt they should send a letter not only to the Governor but also to their congressional delegates NEVADA LEGISLATIVE SESSION: The Board discussed legislative issues from the 2005 Legislative Session affecting Elko County. This agenda item would appear on the Commission agenda throughout the 2005 Legislative Session. Robert Stokes stated that he did not have anything specific to discuss at this time. He noted that the NACO board would meet this Friday. He stated that NACO had identified ten special legislative issues. Robert Stokes stated they would submit a report back to the Commission on the 16 th of February after the NACO meeting. He had spoken to Joe Guild who informed him that his associates were Fred Weldon and Max Leck. Robert Stokes stated that both of Joe Guild s associates would be listed as lobbyists for Elko County. He reported that Fred Weldon was previously on staff with the Legislative Council Bureau for twelve years who recently retired. Robert Stokes noted that Max Leck was a recent graduate of UNR and an intern. Robert Stokes commented that Joe Guild would be listed as Elko County s head lobbyist. He and Cash Minor had some teleconferences with Joe Guild over the past few weeks and he was impressed with Joe Guild. Commissioner Myers asked if NACO would look at legislation on unfunded mandates. Robert Stokes replied in the affirmative. Commissioner Nannini understood that the citizens had voted on that issue and it was approved. He requested clarification on that vote. Cash Minor stated that the ballot question was done in the early 1990's. He stated that was the driving force to create a section in the statute during that legislative session to prevent unfunded mandates. Cash Minor noted that it was not a Constitutional amendment. He stated that NACO s intent, with this last ballot question, was to go to legislature and request a Constitutional Amendment to prevent the unfunded mandates. Commissioner Myers suggested that Joe Guild be informed of the issues with the communication systems. Commissioner Myers felt they could use some of Joe Guild s expertise in lobbying for some financial support on their communication problems. Commissioner Eklund-Brown inquired if the County Staff and Board Members had to register as lobbyists. Robert Stokes stated the board was exempt from registering because they were elected officials. Cash Minor stated that as long as they have Joe Guild as their lobbyist, he would not register as a lobbyist. He PAGE 16

17 stated that if they did not have a lobbyist then he would suggest that they register. Commissioner Eklund-Brown inquired if he would testify. Cash Minor assumed both he and the Commissioners would testify as well as other departments whether elected officials or not as technical support for the lobbyist. He noted that they usually took people that had technical knowledge when they testified. Joe Aguirre stated next Tuesday he had been invited to a joint meeting between the Senate and the Assembly to review the fourteen proposals which had already been presented to the legislative bodies. Joe Aguirre inquired if the Board or any individuals had any concerns then they should let him know. He would try to address their concerns while he was at that joint meeting. Joe Aguirre felt they were leaning toward a freeze on tax totally. He questioned how that would affect the assessed value and the distribution of sales tax. He noted there were other things that freeze would affect. Joe Aguirre felt that Guy Hobbs of Hobbs, Ong and Associates had addressed the taxes very well in their discussion papers. He stated that paper was probably the most extensive explanation of the tax system that he had ever read. Commissioner Ellison inquired if the freeze would be on ad valorem. Joe Aguirre stated that there were fourteen proposals to change the ad valorem. Joe Aguirre stated he had extensive conversations with Carole Vilardo (President of the Nevada Taxpayers Association). He stated that their concerns were the older people on fixed income and the younger people who have bought a home and their taxes exceed the payments on the property. Joe Aguirre stated that a personal example was that he and Linda purchased a piece of property in Overton last March. He stated that for one acre they had paid $51,500 for one acre and they have been offered $125,000 already. Joe Aguirre stated that the younger and older people would be affected and that was the issue that legislation was trying to address. Joe Aguirre commented that at one of their meetings held in Las Vegas Guy Hobbs stated that they should not over react to a circumstance that they have right now. He noted that Carole Vilardo believed that if they did not do anything right now they would have a revolt. Commissioner Myers inquired how they would sell themselves as retirement communities if they could afford to buy but could not sustain. Joe Aguirre noted in Incline Village billionaires was buying out millionaires. Joe Aguirre questioned how he or the school teacher up there would compete with that. Commissioner Myers asked that Joe Aguirre come back before the Board prior to the budget process and give them an update. Joe Aguirre had expressed his concerns to Senator Alice Titus and had stressed that this could not take any more band-aids. Commissioner Eklund-Brown inquired about the issue with manufactured housing wherein the assessed value was exceeding the fair market value. Joe PAGE 17

18 Aguirre did not know if that would be an issue discussed down there. Commissioner Myers asked that Joe Aguirre discuss that at the joint meeting because Elko County had a lot of manufactured housing. Joe Aguirre stated that they had 5500 manufactured homes in Elko County and was the third highest County in the State with that many manufactured homes. Joe Aguirre stated they had applied a 5% depreciation per year straight across the board for mobile homes and 1.5% for a converted mobile home. Commissioner Ellison had spoken to Assemblyman Carpenter with regards to having the inspections performed by their building department rather than by the State Manufactured Housing Division in the rural areas. Commissioner Ellison noted he had received a call from Eureka County and from the new subdivision between Elko and Wells complaining about the lack of an inspector. Joe Aguirre noted Tom Ingersoll had spoken to him because of his FHA background. He had put Tom in touch with the people that had the knowledge with FHA and they told them that there were some inconsistencies between Manufactured Housing, Elko County building permits and the FHA. Joe Aguirre stated that he would give Tom credit that he was trying to address those inconsistences. Commissioner Eklund-Brown stated that appraisers were saying certain areas were in the decline. Joe Aguirre stated he had tried to address that issue with the Realtors when he spoke with them. Joe Aguirre stated that he was a firm believer that if they get enough people saying that they had a decline in economy then they could have a decline. He did not believe they were having a decline in their economy. Joe Aguirre stated that he had phone calls all the time and that was still a concern. Commissioner Eklund-Brown stated they would hold a meeting on Monday with the advisory board with regards to China Spring. They would discuss the two legislative bills being brought forward with the State paying 50/50. Commissioner Eklund-Brown stated she would hold a teleconference with Kristin McQueary, Robert Stokes, and the Douglas County District Attorney regarding GIDS. She reported that Douglas County had thirty-one GIDs. CIVIL LEGAL SERVICES AGREEMENT: The Board considered the approval of an agreement for civil legal services. This agreement provided minimal civil legal services for inmates and pretrial detainees incarcerated at the Elko County Jail Facility. Commissioner Myers made the disclaimer that his sister worked for this law firm and they were his personal corporate layers. Kristin McQueary asked to be notified in advance in the future so that she would be able to review it and give them her legal opinion. She noted this was an PAGE 18

19 annual renewal with Matthews and Wines P.C. to provide certain civil legal assistance to inmates and pretrial detainees incarcerated at the Elko County Jail Facility. She stated that originally this was an outgrowth from a federal lawsuit filed against Elko County which resulted in the new jail being build. She stated this contract solved a lot of problems and these people have done a great job. Commissioner Nannini asked if anyone else had bid upon this. Kristin McQueary stated that they have always renewed the agreement. MOTION: Commissioner Ellison moved to approve the civil legal agreement for services with Matthews and Wines, P.C., to provide minimal civil legal services for inmates and pretrial detainees. Commissioner Nannini seconded the motion. Commissioner Myers asked Kristin McQueary if he could vote upon this agenda item. Kristin McQueary stated that she had invited Stacy Jennings of the Ethics Commission to give a training seminar. However, Ms. Jennings was snowed out and she would reschedule Ms. Jennings presentation again in the Spring. Commissioner Myers noted that they have had this contract since before his and Kristin s time so he would vote on this. Kristin McQueary clarified that this had never been put out to bid. She stated that there was contract renewal because the County had been happy with the services provided. Commissioner Eklund-Brown inquired if this was ever put out for bid. Robert Stokes noted that in a lot of instances when they were using professional services it was not required by Statute to go out to bid. He stated that generally if they were happy with the product they were receiving they stayed with it. Kristin McQueary noted that their price for this service has never risen since she had been a civil deputy. The motion was passed unanimously. COMMISSION MEETING CALENDAR: February 16, :00 a.m. - Elko - Courthouse. March 2&3, :30 p.m. - Elko - Courthouse. March 16, :00 a.m. - Elko - Courthouse. Robert Stokes noted that Commissioner Nannini had asked for a one to and hour and a half on the radio communication issue. He stated that they would start at 9:00 a.m., and may have to break for lunch and come back in the afternoon on the 16 th of February. Robert Stokes noted that the first of February monthly meetings were reduced to one day because there was not a sufficient amount of issues for two days. Commissioner Myers stated that on the 16 th of February the Elko Live radio program may have to be prerecorded or staff could give the program. PAGE 19