Elko County Board of Commissioners

Transcription

1 Elko County Board of Commissioners Commissioners Delmo Andreozzi Demar Dahl Cliff Eklund Glen Guttry Rex Steninger Elko County Manager Robert K. Stokes STATE OF NEVADA ) COUNTY OF ELKO ) ss. The Board of Elko County Commissioners met in regular session on Wednesday, June 3, 2015, at 1:30 p.m., in Suite 102 of the Nannini Administrative Building at 540 Court Street, Elko, Nevada. There were present: County Commissioners Demar Dahl Glen Guttry Delmo Andreozzi Cliff Eklund Rex Steninger County Manager Robert Stokes CFO/Asst. County Mgr. Cash Minor NRMAC/Asst. Mgr. Randy Brown Deputy District Attorney Kristin McQueary Deputy Clerk Marilyn Tipton Road Supervisor Terry Lister Sheriff James Pitts Fire Administrator Gary Zunino Fire Dist. Div. Chief Linda Bingaman Library Director Jeanette Hammons Chairman Dahl called the meeting to order at 1:30 p.m. Commissioner Steninger led the meeting participants in the Pledge of Allegiance. 1:30:38 PM: I. COMMENTS BY THE GENERAL PUBLIC: Jose Noriega, Acting Forest Service District Ranger for the Mountain City, Ruby Mountain and Jarbidge Ranger Districts, stated Wendy Fuell had been assigned to Reno and he was assigned to this area for ninety days. He had been PAGE 1

2 District Ranger in Ely for six years and was previously in the Santa Rosa District out of Winnemucca. Jose Noriega stated he was raised in Ely and some of his family members work for the mines in the area. Commissioner Dahl inquired if they did a Travel Management Plan for Ely and if they listened to the people in Ely. Jose Noriega replied there was a plan signed in 2009 but when he came into Ely the NEPA process was done. He did send that plan back because there were revisions. He did not sign because there were closed roads. Jose Noriega stated because they were rushed through those travel management plans there were mistakes in those plans. He commented for the past two years they have been working with the public to find out where those mistakes were. Jose Noriega stated because of those mistakes they administer that plan that if a person was on a road, not in the Wilderness, then they were not enforcing. He stated they were only enforcing cross country travel. Jose Noriega stated there would be no citations until the review of the plan was completed. Commissioner Dahl inquired if the plan had been changed. Jose Noriega replied no but he did not allow citation as long as the person was on the roads. He stated once the final review plan had gone through multiple years of revision that may change. Jose Noriega noted he had eleven years and sixty-six days until retirement. Commissioner Dahl noted the American Lands Council came into being because of their lack of input on the Travel Management Plan. Jose Noriega stated some areas were a challenge and noted in the Rubies were intermix with private and public lands. He stated in the future there would have to be a renewed look at that plan to address some of the public s concerns. He stated there were pushing to have funding to review that plan in Ely. Commissioner Dahl stated Randy Brown had recorded 104 contacts with the Forest Service during the Travel Management Plan process. He noted they had also hired a mediator. Josh Nicholes stated he was the Acting Deputy Ranger while Matt Boisseau was on a detail. He was also a life-long resident of Ely and his normal job was Land Special Uses across the State. Commissioner Dahl inquired who was filling their positions in Ely while they were in Elko. Josh Nicholes stated the individual standing in for him was from Sparks and the Acting District Ranger in Ely was from Utah. Josh Nicholes stated Matt Boisseau was in Susanville, California. 1:37:46 PM: II. NORTHEASTERN NEVADA REGIONAL DEVELOPMENT AUTHORITY (NNRDA): PAGE 2

3 Discussion and consideration of addition of Lander County, Nevada to the membership of NNRDA through the adoption of Resolution , entitled, A RESOLUTION BY THE ELKO COUNTY BOARD OF COMMISSIONERS PROVIDING FOR THE ADDITION OF LANDER COUNTY, NEVADA AS A MEMBER OF THE NORTHEASTERN NEVADA REGIONAL DEVELOPMENT AUTHORITY VIA ADOPTION OF AN AMENDED INTER-LOCAL COOPERATIVE AGREEMENT AND AUTHORIZING MEMBERSHIP THEREBY. Pam Borda gave an overview of the changing of the name to NNRDA due to the Governor s Office of Economic Development desire to have a regional developmental authority. She stated Lander County has requested to join them. She noted the membership fees were based upon the population and the interlocal agreement had been approved by the four other cities. Commissioner Eklund stated he was sitting on the board when it transitioned from ECEDA to NNRDA and there was concern that Elko County would control that authority. He inquired how they relieved those concerns for the other counties. Pam Borda stated they continued to work with them over the last two years even though they had not joined. Commissioner Guttry felt Lander County would be an asset to the organization. Pam Borda stated Jan Morrison, the Lander County Economic/Community Development Director, was great to work with. MOTION: Commissioner Guttry moved to adopt Resolution , entitled, A RESOLUTION BY THE ELKO COUNTY BOARD OF COMMISSIONERS PROVIDING FOR THE ADDITION OF LANDER COUNTY, NEVADA AS A MEMBER OF THE NORTHEASTERN NEVADA REGIONAL DEVELOPMENT AUTHORITY VIA ADOPTION OF AN AMENDED INTER-LOCAL COOPERATIVE AGREEMENT AND AUTHORIZING MEMBERSHIP THEREBY. Commissioner Andreozzi seconded the motion. The motion passed unanimously. 1:43:59 PM: III. ELKO COUNTY LIBRARY BOARD OF TRUSTEES: Report and review of Board of Trustees activities and minutes including issues related to the operation of the County Library. Jeanette Hammons, Library Director, reported they had 25 programs with 868 participants for youth services and those programs include Story Time, the Teen Book Club, Game Time Thursdays, the Outreach Story Times with the charter schools and Owyhee Special Ed came down. She reported on the early literacy stations there were 512 sessions and 127 sessions on the edge tablets. Jeanette Hammons stated they held tech nights for the adults on the e-readers. PAGE 3

4 She reported they had 17,675 visitors last month and circulation was 13,139 with the meeting room having 15 meetings and 1,112 attendees. She stated there were 1,230 internet sessions in the Elko Branch last month. She stated for the branches there were 3,145 in visitors and a total of 5,237 items circulated with 1,062 internet sessions. She stated they were getting ready for the Summer Reading Programs which was sponsored by Barrick Goldstrike Mine and a Library Service Technology (LST) Act sub-grant. She noted the program s theme was Heroes. Jeanette Hammons stated there were many youth programs during the summer and they could access the calendar upon the Library website. She introduced Roberta DeBuff, from the Nevada State Library Archives. Roberta DeBuff, Nevada State Library Consultant stated she went to Carson City once a month and she was based out of Las Vegas. She was visiting the northern branches this week and reviewing their needs. She had known Jeanette since 2005 before she was a library consultant. 1:48:48 PM: IV. ELKO COUNTY LIQUOR BOARD: Discussion and consideration of the approval of a Liquor /Catering License for Pedro Romero-Gaeta doing business as Taco Las Brisas, LLC. If approved, this is a Taco Truck that will serve beer and liquor at various special events such as Race Track events, Rodeos, etc. Sheriff Pitts stated a background search was performed and recommended approval of the license. MOTION: Commissioner Eklund moved to approve a Liquor /Catering License for Pedro Romero-Gaeta doing business as Taco Las Brisas, LLC. Commissioner Andreozzi seconded the motion. The motion passed unanimously. 1:50:26 PM: V. ELKO COUNTY SHERIFF S OFFICE: Report of activities related to the operations and activities of the Elko County Sheriff s Office. Sheriff Pitts reported they were at 92% of the budget year and patrol was at 92% of their budget but the jail was at 89% of their budget. He stated last month there were 12,914 patrol activities, they wrote 437 reports, made 14 felony arrests, 32 misdemeanors, 4 DUIs, 7 drug arrests, 115 agency assists, 491 traffic stops, wrote 273 citations, and answered 123 animal calls. He stated the rural deputy, Aitor Narvaiza, was back on rural patrol. Commissioner Dahl inquired if the 4 DUIs were lower than normal. Sheriff Pitts stated it was difficult to get search warrants for blood and the public had been educated so there were not as many driving drunk. He reported the deputies were proactive and commented upon a call he received from Wells where the deputies had witnessed a door open and a change machine gone. He PAGE 4

5 stated the School Resource Officers had 845 activities last month with 33 child welfare cases, 7 drug and alcohol cases, general fights, 7 truancies, 3 referrals and 8 agency assists. He reported they wrote 61 reports, taught 14 classes, and did 30 drug testing programs through the School District. Sheriff Pitts stated school would be out next week and the officers would be doing other activities during the summer. He reported the Search and Rescue went out on May 22 nd because a family of four was lost in the Gold Creek area. He noted last month the Search and Rescue did 1,824 volunteer hours through 5 searches, 2 crime scene searches, 2 mock drills, National Night Out, Mining Expo booth, and assisted Salt Lake County and Toole County on their 100 mile run on the border. Sheriff Harris stated those volunteered hours saved $54,000 for the county. He reported there were about 25 volunteers in the Search and Rescue. He reported the VIP Program had donated 180 hours for the last 3 months and they now have 3 more volunteers signed up. He estimated the VIP volunteers saved them $4,500 through their time. Sheriff Pitts reported they have 743 investigation hours with 35 hours in administration, 32 in special assignments, 52 in training, 11 hours in agency assists, and 19 hours assisting patrol. He stated they were down one detective with the passing of Dennis Jernigan. He reported the detectives have 144 new cases, 456 inactive cases and closed 28 cases. He stated the jail population was 138 with 21 females but 13 females were in Humboldt County. He stated they issued 44 CCWs last month with 30 out of state CCWs, 1 ex-felon, did 98 prints, registered 22 sex offenders, issued 3 work cards and took 198 finger prints. Sheriff Pitts stated there were 893 customers through the front door, did 637 civil services, 2,119 attempted services and had 152 warrants. 1:59:57 PM: VI. ELKO COUNTY FIRE PROTECTION DISTRICT: In accordance with Public Notice , INVITATION TO BID - ELKO COUNTY FIRE DISTRICT VEHICLE MAINTENANCE FACILITY PROJECT PWP-EL , consideration to award the bid to the lowest responsive bidder for construction of a new 40 x 50 vehicle maintenance preengineered metal building. Work includes, but is not limited to civil and utility site work, new structural and architectural components, new mechanical, plumbing, electrical, communications, fire sprinkler and alarm systems. Bids were publicly received and opened on May 27, Randy Brown reported bids were received from 8 companies with the two lowest bids being tied. He stated both bids were responsive and met all the criteria. He stated there was a proposal to have a cut of the cards which was agreed by both companies. Randy Brown noted Schell Creek Construction was present. PAGE 5

6 Commissioner Guttry had a call from an individual from Elko who suggested that they award the bid based upon the bidder who had more subcontractors within the area of Elko to keep more money within Elko. He stated their legal counsel says there could be an appeal and it could end up in District Court. Commissioner Steninger requested a legal opinion. Kristin McQueary noted by statute they have to award the bid to the lowest responsive, responsible bidder to their Invitation to Bid. She commented under the Invitation to Bid there was nothing specific as to awarding it to the contractor with the most local ties. She had reviewed NRS 338, the public works chapter, and there was a number of ways of how they could award a preference. She commented under NRS they could sign an affidavit that 50% of their workers would have Nevada driver s license to receive a preference. She noted neither company had signed that affidavit. Kristin McQueary stated they have two companies which were responsive, responsible bidders. She stated bidders preference was under NRS and they would have had to send a certificate of eligibility to the State Contractor s Board. She was informed that both companies qualified and have paid the requisite sales tax within the State of Nevada. Kristin McQueary stated in other tie situations within the state, such as elections, they have cut cards being a game of chance. She noted if someone was to protest they have 5 business days to file the protest. She said the Board would not formally award the bid or notice to start until the bid protest was addressed. Kristin McQueary stated the company filing the protest would have to file a bond of $250,000 bond or 5% of the contract, the lesser of the amount. She noted they would have to hold a special meeting if the bid was protested. She stated if the bid protest was upheld and flips the bid then the bond was returned to them. Kristin McQueary stated if the bid process was rejected the County could recover the additional expenses for going through the bid process. She explained that was why they do the Notice to Proceed after 10 days. She stated based upon the statutory preferences she recommended a game of chance and understood the Board s desire to award it to local. Commissioner Andreozzi asked if they were awarding the bid with or without the alternative. Byron Smith, Lombard-Conrad Architects, stated alternate 1 was for radiant heaters which were part of the base bid and as an alternate they put in unit heaters but they were not much cheaper than radiant heaters. Commissioner Andreozzi believed they received good bids and would like to give additional preference to local people but could not discount their legal advice. PAGE 6

7 MOTION: Commissioner Andreozzi moved to award the contract based upon a game of chance between the two lowest responsive and responsible contractors. Commissioner Eklund seconded the motion. Annette Moffitt, Schell Creek Construction, stated it would be in the best interest of the public to use the most local contractors. Kristin McQueary stated there were some due process considerations and she could not summarize everything in total. She agreed it was in the statute but hoped everything was done for the best interest of public. She advised them the best interest of public was a standard that was a moving target. She stated they did not put in their bid documents to give more attention to local and did not define what was local and neither Contractor did the affidavit for over 50% of Nevada driver s license which was not specifically local. Commissioner Guttry stated NRS does not specifically address this issue. He stated in reality they have no choice when awarding a bid because the law stated the lowest responsive, responsible bidder was awarded the bid. He believed because of the tie situation they had an opportunity to make a decision among the board members. Commissioner Guttry stated if they spoke to their constituents they would say to take the contractor with all the local subcontractors. Commissioner Eklund supported the game of chance as motioned. He would prefer local contractors but in fairness the two bidders were both responsive and responsible. He supported cutting the cards or a flip of a coin. Commissioner Steninger supported the best interests of the public and would like to give it to a local contractor. Commissioner Andreozzi restated his motion to award bid based on game of chance between Reyman Bros Construction Inc. or Schell Creek Construction. Commissioners Eklund and Andreozzi voted aye. Commissioners Guttry, Steninger and Dahl voted no. The motion was defeated. Commissioner Andreozzi reviewed a circumstance in which the City went to federal court. Randy Brown stated the best interest of the public was to get the building built and if they end up in litigation and there was no immediate construction then it was not in the best interest of the public. He explained the best interest of the public was the best interest of the State of Nevada s public and was never specific to what general public other than all taxpayers within Nevada. Randy Brown stated each company qualifies and subcontractors qualify under the bidder s preference. He voiced concern about getting the building completed because of the issue of getting the maintenance done on the fire equipment. He PAGE 7

8 noted Reyman Bros Construction was already doing business here in Elko County so they were already spending money in Elko. MOTION: Commissioner Guttry moved to award the bid to Schell Creek Construction in the amount of $363,000 based upon the determination of this board that Schell Creek Construction was using the majority of subcontractors based out of Elko and the other contractor has less subcontractors based in Elko and it was in the best interest of the County to award the bid to Schell Creek Construction. Commissioner Steninger seconded the motion. Kristin McQueary requested they amend their motion to make the award contingent upon the bid protest time which was within 5 days so it would be by next Wednesday at close of business. She stated if it was protested they would have to set a special hearing to deal with the protest so the awarding of the contract would be contingent upon outcome of any bid protest and decision. She cautioned it has a potential to delay construction. Commissioner Guttry amended his motion to be contingent upon bid protest time constraints. Commissioner Steninger seconded the amendment. Commissioners Guttry, Steninger, Eklund and Dahl voted aye. Commissioner Andreozzi voted nay. The motion passed with a 4-1 majority vote. 2:24:16 PM: VII. COUNTY ROAD / FIRE DISTRICT LONG-TERM INFRASTRUCTURE PROGRAMS, EXPENDITURES AND FUNDING: Presentation and discussion regarding proposed long-term plans for the County Road Department - Road Construction Program and County Fire District Capital Replacement Program (fire trucks, equipment and structures) including discussion of budgetary constraints and possible options to fund programs. The County Budget Committee has observed an increasing budget pressure on these two departments over the past several years. Staff will review with the Commission the historical and future projected expenditures of these two departments. A revenue option of a possible ¼ cent sales tax option for infrastructure will be presented to the Commission. This option will require the development and approval of specific use plans with public hearings and a business impact statement to be presented at future Commission Meetings. The Commission may give direction to staff on this issue. Commissioner Guttry, representing the Budget Committee, stated it was important to educate the public through the news media why we established the Fire District. He noted this was a State unfunded mandate. He stated due to the Open Meeting Law now they could not include all the board members in the Budget Committee s discussion regarding this issue. PAGE 8

9 Cash Minor gave a historical review of the establishment of the Fire District. He stated four years ago the State Legislature mandated the NDF to get out of the 473 districts. He reported there were only three remaining in the State: Elko County, Eureka County and Mt Charleston. Cash Minor stated Eureka County converted to a 474 district about one and a half years ago. He stated Elko County and Mt Charleston was to be converted over by July 1, 2015 but Elko County decided to change over in January of Robert Stokes clarified it was not Elko County s decision to stop the NDF program and the County did not support the decision for this change. He stated the County had been working with NDF since Robert Stokes stated the County has participated in purchasing of apparatus and equipment in the past so there was a mix of County and State equipment. He noted the County had fallen behind because of budgetary constraints over the years. Cash Minor stated the transition had taken two years. He submitted a historical presentation and proposed solution. He noted his presentation on the road funds excludes the RTC funding. Cash Minor noted the gas tax formula changed in 2001 from square miles and to road miles. He stated the revenues were flat and they cannot maintain the Road Department upon gas tax. He noted for four years there was SRS funding and there was a $500,000 grant received one year. He stated from they built the road shop building. Commissioner Dahl inquired if any PILT funding went into the Road Department. Cash Minor replied historically, no. He noted the SRS Title I funding was split between the School District and Roads. He stated in 2014 the road costs exceeded the revenues and there were no other funding sources other than RTC funds with was limited to the $.09 rate. Commissioner Guttry commented they spent what was available and did not overspend the department s fund. Cash Minor noted they borrowed the $800,000 to build the building in Cash Minor reviewed the historical costs of the fires and this fiscal year costs were based upon estimates. He stated since they have been hiring personnel and the costs had increased. He stated in 2016 they would be at approximately $2.5 to $2.6 million dollars in operating costs and about $1 million dollars in capital from their capital funds, which was not sustainable. He stated the costs fluctuated because of various purchases of pickup trucks or equipment and since 1998 they went from $5,000 in operating expense to a projected $2.6 million in operating costs. Terry Lister had spoken with Commissioner Andreozzi about a road plan and they had discussed the road budget. He stated for the last couple of years they have had funding only for current maintenance. Terry Lister stated Cash PAGE 9

10 Minor has known since 1997 and 1998 the Road Department had needed additional money. He stated the former Road Supervisor, Otis Tipton, has informed the Commission from 2000 how the budget was getting smaller and they would need an outside revenue source. Terry Lister stated when sitting with the Budget Committee for FY they found the budget was so poor they may be in next year asking what roads do you not want to do, what people you want to do without, or what equipment you want to sell. He noted the Budget Committee asked him if he was given $2 million dollars and you did not hire any more personnel nor buy any more equipment and picked up more roads that the Board felt was critical in the County could he make a road plan. He drafted a plan and noted the plan would have to be reviewed in the future based upon population. Terry Lister reviewed his proposed 20 year plan as follows: First year: South Fork Road: Pave 1.7 miles estimated at $1,500,000 Corral Lane: Apply grindings and chip seal 2.1 miles estimated at $150,000 Last Chance Road Phase 1: Estimated $115,000 Add first mile to maintenance system ravel Re-gravel $40,000 Mag chloride 2 to 3 times per year $45,000 Maintain 4 times per year $30,000 Acquire Rights of Way: $100,000 estimated Osino (Old Victory Highway) Last Chance Road (Phase II next mile) Terry Lister stated Last Chance Road was a public road but was not upon the County maintenance system. He stated in 2002 the County acquired the first mile and spent $750,000 to shape and gravel the road but they never accepted it for maintenance. He stated the County puts mag chloride on this road once a year. He commented Silver State Rock did some maintenance on it from their gravel pit but it was not a safe road. He believed if they did South Fork and Corral Lane they would free a crew up to start maintenance on this road. He stated in the first year they would attempt to acquire rights of way on Last Chance Road and in Osino. Commissioner Dahl inquired if Silver State was a partner on maintenance on Last Chance Road and if there was a liability issue. Terry Lister replied they approached Silver State Rock Products for road agreements and they have not wanted to sign it. PAGE 10

11 Kristin McQueary stated because the County has not accepted the road for maintenance it was the level of a minor county road. If the Board adjusts the road status upon the first mile, they should look at the liability issue. She noted for all the roads not presently upon the County maintenance list they would have to change the classification upon the portion the County assumes. Kristin McQueary stated there was no maintenance requirement upon a County minor road and if they were not on the maintenance list it would be general liability. She stated the state of the road was buyer beware situation. Commissioner Dahl inquired what would happen if there was an agreement with Silver State Rock to share maintenance costs would the County have a liability problem. Kristin McQueary would research that liability issue. She stated if they spend money on the road then they have to adjust the road s classification from a minor road. She noted they have maintenance agreements in other places that do not get a lot of maintenance and the major user does the bulk of the major maintenance but they were in rural areas. She noted there was a number of housing residents on that road so it was hard to say who creates most of the wear and tear on that road. Commissioner Dahl inquired if they could have a maintenance agreement upon roads in the rural areas. Kristin McQueary replied they already do a lot of agreements with the mining companies that operate in the rural area who were the major users of the roads. She stated the County allows the mines to use the County s rural roads for their operations as long as the mines perform the maintenance according to the Orange Book. Terry Lister stated the mines were good to partner with but the ranches were not as good to perform the maintenance. Second year: Pleasant Valley Road: Pave first 1.5 miles $1,300,000 Last Chance Road: Mag Chloride and maintenance $60,000 Osino (Phase 1- Victory Blvd): Add to maintenance system Re-shape, drainage, gravel.6 miles $500,000 Mag Chloride 2 times per year $30,000 Maintenance 4 times per year $20,000 Terry Lister noted Pleasant Valley Road had the second highest traffic count upon the County maintenance system. Terry Lister stated Osino was a public road but was not County maintained. PAGE 11

12 Commissioner Dahl inquired who did the maintenance now in Osino. Terry Lister replied Jeff Williams and some of his neighbors. Commissioner Guttry stated the roads that were upon this road plan needed improvement. He noted at Osino there was a huge bus stop with cars parked everywhere when the bus was there. Third year: Osino (Phase II Victory Blvd): Add with phase 1 to maintenance system Re-shape, drainage, gravel.6 miles $500,000 Mag Chloride 2 times per year (includes Phase 1) $45,000 Maintenance 4 times per year (includes Phase 1) $40,000 Lucky Nugget Road (Phase 1): Asphalt 1.25 miles $1,100,000 Last Chance Road: Mag Chloride & maintenance $60,000 Fourth year: Last Chance Road (Phase II): Re-shape, drainage, gravel.7 to 1 mile depending upon growth and acquiring ROWs $500,000 to $700,000 Mag Chloride 3 times per year (includes Phase 1) $80,000 Maintenance 4 times per year (includes Phase 1) $50,000 Osino: Mag chloride and maintenance $80,00 Lucky Nugget Road (Phase II): Asphalt 1.5 miles $1,300,000 Fifth year: Last Chance Road (Phase I): Asphalt 1 mile $1,000,000 Industrial Area $500,000 Indian Hills (Ryndon): Add to Road Maintenance System Gravel and drainage $100,000 Mag Chloride 1 time per year $12,000 Maintenance 2 times per year $10,000 Maintenance & Mag Chloride: PAGE 12

13 Last Chance Road Osino Terry Lister noted the.5 of a mile of asphalt in the industrial area on Last Chance Road was not claimed and nobody maintains the area. He had put the $500,000 in for that area so they do not have the cities portion deteriorated before the new portion was completed. Sixth thru Tenth Years: Asphalt maintenance: Corral Lane Jiggs Hwy/Harrison Pass Bullion Road Coal Mine Canyon Road Kittridge Canyon Railport South Fork/Lucky Nugget Boyd-Kennedy Road Pleasant Valley Road $5,500,000 over 5 years Terry Lister stated they have over 40 miles of asphalt currently on the system and only doing a little bit of maintenance every year. He stated as they gain more asphalt roads they would have to put more money toward that maintenance. Maintenance & Mag Chloride on new roads after 2015: Osino Last Chance Road Indian Hills $800,000 over 5 years Pilot Valley Road (Phase I): Option 1: Gravel/chip seal 20 miles $3,000,000 Option II: Bionic Polymer Soil Treatment 20 miles $900,000 Lucky Nugget II Access Road: (add) New to system Gravel $20,000 Mag Chloride 1 time per year $12,000 Maintenance 2 times per year $10,000 Terry Lister stated after they improve the South Fork Road and Lucky Nugget I Road there would be a growth into Lucky Nugget II. Eleventh to Fifteenth Year: Last Chance Road (Phase II): PAGE 13

14 Asphalt.7 miles $500,000 CR #720D Section 8: Asphalt $2,000,000 #767 Pilot Valley Road (Phase II): Option I: Gravel and Chip Seal 10 miles $2,000,000 Option II: Bionic Polymer Soil Treatment 10 miles $450,000 CR #709 Canyon Hog Tommy Road: Asphalt $1,500,000 Maintenance and Mag Chloride: Estimated $500,000 over 5 years Osino Indian Hills Lucky Nugget II Access Terry Lister noted the growth in the future would dictate where road funds would be expended. He commented Section 8 may be annexed within the City in the future. Commissioner Guttry inquired what the traffic was upon Hog Tommy Road. Terry Lister replied it was about 300 vehicles per day now but felt there would be more growth in the area in the future. Commissioner Guttry stated that was why it was so hard to predict where the growth would be after five years and what would happen to the existing roads they have now. He stated that was why they would have to review the plan yearly. Kristin McQueary stated NRS 377 B requires that their plan be very specific as to when the plan expires, the description of the project, and the method of financing the cost of each project. She noted the plan was subject to a number of public hearings before they get to a plan and this was just a concept. Terry Lister reminded them that the roads they picked up during years eleven through fifteen still have to have maintenance performed on them. Sixteenth to Twenty Years: CR #754 Metropolis Road: Option I: Cold recycle 11 miles $3,000,000 Option II: Pulverize return road to gravel Bionic soil polymer treatment 11 miles $500,000 Option III: Pulverize return road to gravel Chip seal 11 miles $2,000,000 PAGE 14

15 Asphalt Maintenance: $6,000,000 over 5 years Corral Lane Jiggs Hwy/Harrison Pass Bullion Road Last Chance Road South Fork/Lucky Nugget Coal Mine Canyon Road Kittridge Canyon Railport Boyd-Kennedy Road Pleasant Valley Road Metropolis Road Maintenance and Mag Chloride Projects: $500,000 over 5 years Osino Indian Hills Lucky Nugget II Access Terry Lister stated if they pulverize the Metropolis Road it may become a corrugated road especially during the summertime. Commissioner Steninger inquired if they could accomplish all those projects with the existing crews. Terry Lister stated some of the bigger projects would have to be contracted out because the County could only do $50,000 in-house. He noted they have no paving equipment. Commissioner Steninger inquired if the tax could pay for contractors and received an affirmative answer from Cash Minor. Gary Zunino, Fire District Administrator, gave an overview of their transition that began three years ago from NDF to the County and the long term planning. He reported that there were 11 different Fire Departments represented today at this meeting. He stated the equipment was adequate at this time but has short lifeterm expectancy. He stated this plan did not address staffing. Gary Zunino presented the Fire District Vehicle List consisting of 67 serviceable fire trucks within the 16 volunteer fire departments at an estimated worth of over $17 million dollars. He stated 40 of the trucks were owned by Elko County and 28 trucks were either State owned or federally owned. He noted the federally owned trucks were mostly military excess equipment. Gary Zunino reported there were 9 county owned command vehicles which includes the mechanics service truck and air truck. He noted there were 77 vehicles within the Fire District and on the listing it gave the average age for those vehicles. PAGE 15

16 Commissioner Dahl inquired how the County acquired the federally owned trucks. Gary Zunino stated NDF trucks had those federal trucks and the County had signed an agreement to insure and maintain those 28 vehicles. Commissioner Dahl inquired what happened when it came time to trade them out. Gary Zunino stated those go back to NDF according to the agreement. He commented they have to have those 28 vehicles to service all their communities. He reported there were 16 Volunteer Fire Departments and they incorporated a new fire department called SANE VFD which includes the Winecup Ranch, Boies Home Ranch and the ranches between Wells and Jackpot. He stated the Fire District has a total of 24 VFD fire stations and submitted a listing of those stations. Gary Zunino displayed photos of the current VFD stations and noted most stations were too small for the new trucks being purchased. He stated truck placement was based upon the use and need. Gary Zunino submitted a 15 year Apparatus Replacement Plan and stated there was 60 to 80 hours in developing the plan by members present today. He stated of the 67 apparatus listed the plan addressed replacement of 47 pieces, 17 pieces would not be replaced, and 3 of Type 3 were replaced in , 7 apparatus would be added. He stated 3 of Type 3 would be removed, 3 of the Type 6 would be taken out of service and 3 6x6 s can be moved or taken out of service. Gary Zunino stated they would need $924,000 per year to complete this plan for fire apparatus because they would have to replace 1 to 2 or more trucks per year. Gary Zunino thanked staff and Keven Hall for putting this work in spreadsheet format. He gave a presentation upon fire stations upgrades, replacement or new building over the next fifteen years assuming land can be acquired. He stated his estimates did not include land acquisition costs or putting in water wells. Gary Zunino stated the 15 year station plan was estimated at $7.3 million dollars which was under $500,000 per year for the upgrades. He noted with the $500,000 they would only get 1 or 2 projects completed per year. Gary Zunino gave an overview of the recurring equipment needs such as SCBAs, turnouts, ladders hoses, radios, station maintenance mountain top repeater maintenance and replacement pump and ladder testing etc. He noted they would no longer have the NDF to provide free labor to upgrade the stations. Gary Zunino stated the recurring equipment needs total $190,000 per year. He stated for the last three years the Commission supported and funded the transition. Gary Zunino stated to keep the County Fire District sustainable they would have to secure a funding source. He noted the equipment base was archaic. 3:39:32 PM: RECESS: PAGE 16

17 Chairman Dahl called a recess at 3:39 p.m. 3:47:31 PM: RECONVENE: Chairman Dahl reconvened the meeting at 3:47 p.m. Cash Minor stated raising property taxes was not an option because when the legislature changed the property taxes and put the abatements in place no one has the ability to raise the taxes. He noted if the County raised the tax they would have to pay for all the abatements. Cash Minor stated under NRS 377B the County Commission could initiate the quarter cent sales tax and based upon prior collections it would be $3.5 million dollars in collections. He stated they proposed to allocate 57% of the sales tax to roads and 43% to the Fire District. Cash Minor stated sales tax was not stable and fluctuated from year to year. He noted sales tax was broad based and it was estimated that 40% of sales tax was paid through tourism. Cash Minor displayed a slide of sales tax rates by County within the State. He gave an overview of the estimated increases in taxes paid for a family of four based on IRS publication 600. He reviewed the fiscal impact upon the big ticket items. Cash Minor stated if they impose the infrastructure quarter cent sales tax it would bring Elko County s tax rate up to 7.10% and they would have to develop plans for expenditure of the proceeds of the tax. He noted they would have to hold public hearings and go through the County Ordinance adoption process. He commented the State would collect the tax and hold out their 1.7% collection fee. Cash Minor stated the earliest they could implement this was January 1, 2016 due to the public notice requirements. He stated their recommendation was for the Commission to review the fire and road projects on an annual basis because it was hard to predict growth. Cash Minor stated it was possible for a future Commission to modify the use of this money but they were limited as to what this money could be used for under NRS 377B.160. He stated they may change it to the Sheriff s Department under public safety. Cash Minor stated this was a proposed 15 year plan but the Commission would have to tell the Department of Taxation how long this tax was expected to last. He stated after 15 years the future Commission would have to revisit the Ordinance and they have power to extend the tax or do away with the Ordinance and the tax. Commissioner Dahl inquired if they would have to revisit the Ordinance every year. Cash Minor stated they would revisit the operating plans and not the Ordinance annually. Bret Murphy, Spring Creek Fire Chief, supported the long term budget proposal. He noted Gary Zunino did not speak about safety. He stated when they go out on a fire call they were trusting the equipment and apparatus to save life and property. Bret Murphy stated the volunteers rely upon the equipment; PAGE 17

18 they want to be safe and do their job. Bret Murphy noted there would be more maintenance issues because the equipment gets older. Commissioner Andreozzi assumed there were obsolescence issues with the equipment parts also. Bret Murphy stated because of the dates on the equipment it was hard to locate parts and they may have to retrofit parts. Jeff Williams, former Commissioner, stated in looking at the pictures of the fire buildings he noted in one building the engine had one inch of clearance. He inquired if during the winter can they get the fire engine out of the fire station if the concrete heaved up. Jeff Williams questioned the figures in the presentation on the roads in Osino. He stated the last time he took a traffic count in Osino the count was over 2,000 vehicles per day. Jeff Williams stated a lot of the subdivisions were filling out fast and the problems with the water allocation would stymie some of the subdivision s growth. He commented the Osino school bus stop was the largest pickup in Elko County and the reason those pickups go smoothly was because there were three school bus guards trained by the School District. Jeff Williams stated the County was changing drastically and cautioned them not to be too conservative because they have infrastructure deteriorating and they need to upgrade the County roads before it was too late to salvage them. Jeff Williams stated if they have a catastrophic event the roads would be lost and then they would pay more and borrow the money to do it. He supported the quarter cent sales tax. Jeff Williams stated the Road Advisory Committee was in place for almost eight years and they were assigned to determine what new revenue sources could be used to subsidize the Road Department. Jeff Williams stated the RSAC sent their recommendations to the County Commission and one recommendation was to increase the gas tax to the limit, which was done in two phases. He stated the other recommendation was the users should be the cost payer so when they have a developer who wants to develop in the County there should be development fees for road maintenance. Jeff Williams stated another RSAC recommendation was that the quarter cent sales tax be implemented for Road Department revenue. He noted they were not just talking about County roads but also the Fire District which was State mandated with no revenue options. He stressed they needed to slowly and steadily replace the fire equipment and fix the roads. Jeff Williams submitted a copy of the letter from David Tilger who was the Chairman for the Road Services Advisory Committee. He noted David Tilger supports this sales tax increase. He had spoken to Steve Dorsa, a former member of the RSAC, and based upon what comes out of the hearings or the media he would make a decision whether to support the quarter cent sales tax. Jeff Williams noted the sales tax increase was proposed seven years ago and the only change was the Fire District PAGE 18

19 piggybacking on the tax. He stated Vern Dalton, a former RSAC member, also supported the sales tax increase. Jeff Williams did not believe the mines would object to the sales tax. Commissioner Steninger inquired what happened to the quarter cent sales tax proposal seven years ago. Jeff Williams stated the Commissioners chose to do the two and one-half cents gas tax and then two years ago they raised the gas tax two and one-half cents again to the nine cent gas tax cap. He stated no action was taken upon the sales tax. Dale Lotspeich, Deeth VFD Fire Chief, stated they only have active members from two families. He had been a volunteer for over 25 years at that fire station and within the last 10 years that station was flooded three times. Dale Lotspeich reported the last time they found 18 of water in the station and they could only salvage some of the equipment that was on the floor. He stated the building was starting to separate due to the stress of the water. Dale Lotspeich stated there was a need to look at replacement or rehab of that building. He supported the proposed plans not only for the Fire District but for the Road Department. He utilized the County roads in Starr Valley and felt the service had improved immensely over the last ten years. He believed with the growth in the County they need to be proactive and strongly encouraged the Commission to look seriously at approving the sales tax. Dale Lotspeich stated the fire chiefs and officers of the County have sat through meetings and discussed what the needs of the Fire District were and they overwhelming support this action. He stated they do not see this as an unnecessary tax. It was necessary for the protection of the public safety levels and to have safe passage throughout the County. Mike McCarty, Ten Mile Volunteer Fire Department, stated he had been involved in the fire program within the County for 34 years since 1981 and had retired in 2003 as NDF Fire Management Officer. He had moved from Reno with the Nevada Division of Forestry and was aware of the equipment and maintenance issues on the federal excess equipment. He noted the NDF had three mechanics and an inmate crew to continually work upon that equipment. Mike McCarty felt the new equipment would generate enthusiasm with the volunteer fire departments. He supported the quarter cent sales tax. He noted the fire trucks were beaten up if they have to go down a bad road. Mike McCarty felt the sales tax would help motivate the volunteer fire departments to upgrade their stations, equipment and volunteer retention. He stated in 1999 he was an NDF Fire Management Officer and the State Forester told him NDF would get out of the all-risk fire protection which was structure and vehicle fires. He noted legislature mandated it so this has been going on for years. Mike McCarty PAGE 19

20 encouraged them to educate the public on the fire stations, the amount of equipment out there, and fire protection was from volunteers with a few paid firefighters from Spring Creek and Elko. He supported the quarter cent sales tax for roads and the Fire District. He noted it was cheaper to fix it now than later when things deteriorate and they can t protect the community from wildfires. Blake O Donnell, Ten Mile VFD, wished to mirror what Mike McCarty stated. He supported the quarter cent sales tax and noted it was a public safety issue. He noted everyone uses the roads and depends upon the Volunteer Fire Departments for fire protection. Blake O Donnell stated with old equipment it was hard to get young volunteers but with new equipment it may help with the enthusiasm. He stated the quarter cent sales tax would help all the communities, people using the roads, and businesses. Logan Sampson, Ruby Valley Volunteer Fire Department, supported the quarter cent sales tax increase. He stated in Ruby Valley they have over 20 active volunteers throughout the valley. Logan Sampson stated at Ruby Valley Station #3 on a monthly basis they take the trucks out and do vehicle checks. He stated one truck was returned to them for having some brake issues but when the volunteer took the truck out for review the brakes failed. He stated the volunteer pulled the handbrakes to stop the fire truck. Logan Sampson stressed this put that volunteer s life in danger. He reported an incident where they responded to a wildland fire next to Ruth Wines and the pump would not start on the 50 year old fire truck. He did not believe that was acceptable to provide fire protection for the County. Logan Sampson stated Ruby Valley was on the receiving end of an updated truck which improved morale and activity. He stated they rely solely upon that fire truck. Logan Samson stated the older fire trucks only travel 35 miles per hour so there was a longer response time. He noted the building codes requirements were very strict in order to have insurance protection yet the fire equipment they were using may be incapable of responding to that structure fire which was an interesting contrast. Logan Samson supported the quarter cent sales tax and encouraged them to pass the tax. Commissioner Guttry believed the plan was a well thought out solution to addresses two long term issues. He stated the spending plans were not extravagant and the plan systematically improves the operation and safety of the two departments. He stated this tax would allow them to provide adequate services. Commissioner Guttry stated everything the government does was either paid by user fees or some kind of tax. He believed the taxpayers deserve their homes and property to be protected by a properly equipped and well trained fire district with roads that can be driven safely. He urged his fellow Commissioners to consider this proposal. He believed if it was not approved it PAGE 20

21 would send a message to the volunteer firefighters that the County had priorities other than safe and reliable equipment which they need to respond to all manner of emergencies. Commissioner Guttry stated the Road Department personnel spent more time on maintaining higher traffic roads so then the lower traffic roads begin to suffer. He believed some would eventually have to be removed from the road maintenance inventory and at a minimum some be reduced in maintenance frequency. He stated this funding source could not be used to hire personnel and was for a capital replacement/maintenance program with long term benefits. Commissioner Eklund stated this subject was discussed very thoroughly at the Budget Committee and we have two entities that need to be funded desperately. He stated there were roads that need repair and there was the new unfunded mandate for the Fire District. He believed the Commission has the responsibility to the people of Elko County for safety and he supported passage of this sales tax. Commissioner Eklund stated they were fortunate in Carlin to have two people in the audience now that worked for years in their volunteer fire department with over 80 years of experience and acknowledged Linda Bingaman and Will Johnston. He noted these volunteers worked for nothing within the Elko County Fire District. He believed they had no right to ask them to go out in unsafe equipment and upon unsafe roads. Commissioner Andreozzi appreciated the effort for the creation of this document. He noted the fire apparatus purchases were coming from capital funds which other departments were competing for so this would freeze up resources for other departments. Commissioner Andreozzi commented roads were expensive to maintain. He noted the City of Elko has to subsidize the gas tax with ad valorem taxes for street maintenance. He asked the legal counsel about road classification and terms of liability. Kristin McQueary noted the Jarbidge flood was over 20 years ago and they were still working on that issue. She stated it was the heart of the road plan that the Forest Service put in place. Kristin McQueary stated the County had lots of public roads in Elko County that have been developed and miles of two tract roads in Elko County which we think as public roads. She stated in Chapter 403 and 405 the counties should have a road plan identifying major, general and minor county roads. Kristin McQueary stated there was no legal requirement for maintenance upon minor roads so the public travels at their own risk. She stated the County does have a maintenance schedule of what roads that it maintains. Kristin McQueary stated it was subjective that the County was supposed to spend money upon roads according to their importance to the County. She stated that typically means that if there was pavement it meant it was an important road and they should spend money to maintain that pavement. She noted what they learned from the Jarbidge road was if there was a washout on a PAGE 21