Elko County Board of Commissioners
Commissioners
Sheri Eklund-Brown
John Ellison
Charlie Myers
Mike Nannini
Warren Russell
Elko County Manager
Robert K. Stokes
STATE OF NEVADA, )
COUNTY OF ELKO. ) ss.
MAY 16, 2007
The Board of Elko County Commissioners met on Wednesday, May 16, 2007, at
12:30 p.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko,
Nevada.
There were present:
County Commissioners
Elko Co. Manager
CFO – Asst. Co. Manager
Deputy District Attorney
Deputy County Clerk
Sheriff’s Dept.
Planning & Zoning Dir.
Road Supervisor
Juvenile Probation
John Ellison, Chair
Mike Nannini
Charlie Myers
Sheri Eklund-Brown
Warren Russell
Robert Stokes
Cash Minor
Kristin McQueary
Marilyn Tipton
Doug Gailey
Randy Brown
Otis Tipton
Michael Pedersen
--The proceedings were as follows:
CALL TO ORDER:
Chairman Ellison called the meeting to order at 12:34 p.m.
PLEDGE OF ALLEGIANCE:
Commissioner Eklund-Brown led the meeting participants in the Pledge of
Allegiance.
I.
COMMENTS BY THE GENERAL PUBLIC:
No public comments were submitted.
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II.
NEWMONT MINING CORPORATION:
Presentation by Mary Korpi, Newmont Mining Corporation, regarding
Newmont’s contribution to help publish and distribute a book by Dana R. Bennett
celebrating the first 100 years of the Midas Community in western Elko County,
entitled, A CENTURY OF ENTHUSIAMS, MIDAS, NEVADA 1907-2007.
Mary Korpi commented that Dana Bennett’s family resided in Midas and she
had met a person who had been raised in that community. She stated Dana wrote
her first book in 1996 and was approached for a sequel. Mary Korpi noted Dana
had approached Newmont for the cost of publishing the book and the proceeds of
the book would go to the Friends of Midas to preserve the history of Midas. She
stated that Dana had donated her time for taking on this sequel. She noted that
the Commissioners were supportive of Midas and presented them a copy of the
book. She stated Dana would be in Midas over the 4th of July. Mary Korpi
reported that the books had been donated to the libraries and the museums. She
believed that they would sell the books at local bookstores.
III.
BUSINESS LEADERS FOR DRUG FREE COMMUNITIES:
Presentation by Rhonda Zuraff, Elko Daily Free Press Publisher and
member of the Business Leaders for Drug Free Communities group, on activities
and issues by the group including a county-wide youth art contest plan focusing
on methamphetamine prevention in our communities.
Commissioner Ellison reported that he had received a call from NACO who
informed him that Rhonda Zuraff’s legislative presentation was great. Rhonda
Zuraff stated they have been focusing on methamphetamine prevention education
since last July. She asked for their support and ideas. Rhonda Zuraff announced
that following today they would issue a press release about a collaborative effort
against meth abuse in Elko County an as effort of their group. She informed them
of their “Canvas the County” competition soliciting countywide art from grades 5
through 12 alerting the public to the dangers of meth use. She stated they would
award prizes in excess of $2,500.00 and read a list of the contributors. She
reviewed the contest details. She stated the businesses and public entities were
interested in either using their fleet vehicles or building structures as a medium for
these permanent or semi permanent signs. Rhonda Zuraff stated the message
they sent to the legislature was that they could treat and law enforce their way
until doomsday but they should start attacking the cause through prevention
efforts. She noted that very little public or private funds have been established for
prevention efforts in the past. Rhonda Zuraff felt legislative funding would pass for
prevention. She believed the thirteen Pace Coalitions throughout the state may
receive those funds. Rhonda Zuraff reported that Cathy McAdoo was attending a
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roundtable conference in Las Vegas tomorrow with the western Attorney Generals
on collaboration of this issue with other western states. Rhonda Zuraff felt the
other counties throughout the state would adopt this model and solicit their own
artwork. Commissioner Russell stated he had heard where a city council or
county commission had demonstrated their support by taking drug tests to
demonstrate that they were drug free. He would approach this Commission to
take the drug tests for support of her project. Rhonda Zuraff stated they would
have a rotating display of the artwork from school to school throughout the County
and at the fair. Commissioner Eklund-Brown inquired if they would see several
pieces of this artwork or would they only select one of the designs. Ronda Zuraff
stated they hoped to have several designs for display throughout the area.
IV.
2007 MOTORCYCLE AWARENESS MONTH PROCLAMATION:
Consideration of Proclamation 2007-L, entitled, A PROCLAMATION BY THE
ELKO COUNTY BOARD OF COMMISSIONERS DESIGNATING THE MONTH OF
MAY 2007 AS MOTORCYCLE AWARENESS MONTH.
MOTION: Commissioner Myers moved to adopt Proclamation 2007-L,
entitled:
A PROCLAMATION BY THE ELKO COUNTY
BOARD OF COMMISSIONERS DESIGNATING THE MONTH
OF MAY 2007 AS MOTORCYCLE AWARENESS MONTH.
Commissioner Russell seconded the motion. The motion
was passed unanimously.
Commissioner Myers read the proclamation into the record. He asked that
the members of ABATE and POW/MIA accept the Proclamation.
John Bland of ABATE thanked the County Commissioners for their support
and noted the Board Members encouraged personal rights.
Commissioner Eklund-Brown inquired about the drive through to
Washington in support of the troops. Connie Campbell stated the Motorcycle
Rider’s Foundation was based in Washington D.C., and Elko was chose to host
the “Best in the West” 2007 conference. She stated that conference would be
held at the Red Lion Inn & Casino June 22 through June 24, 2007. She stated
many of the board members had never been to Elko before. She believed many
members would come from all over the United States and Europe.
Les Brown, Commander for the POW/MIA, stated on Friday between 5:00
p.m. and 7:00 p.m., Tanya Montague would ride in from Sacramento to promote
the Post Dramatic Stress Disorder Clinic (PDSD). He stated that 99% of the
soldiers were coming home with some form of PDSD. Les Brown stated the cross
country biker would ride to the wall in Washington D.C. to promote the clinic. He
stated Harley Davidson in Folsom donated the motorcycle to her for this ride. He
noted this was a large promotion. Les Brown noted Tanya had a disability which
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made it difficult for her to walk. Les Brown furnished copies of her website to
spread the word of awareness. He noted this promotional was being done out of
her own pocket. He stated they would solicit donations for her gas. He stated the
Hilton Garden Inn would comp her room. They would try to get her to stop at the
ABATE’s Ryndon Poker Run on Saturday. Commissioner Eklund-Brown noted
that the local realtors had received an e-mail for their support.
V.
2007 CARLIN CITIZEN OF THE YEAR:
Consideration of Proclamation 2007-M entitled, A PROCLAMATION BY
THE ELKO COUNTY BOARD OF COMMISSIONERS RECOGNIZING THE
CARLIN CITIZEN OF THE YEAR FOR 2007.
MOTION: Commissioner Eklund-Brown moved to adopt Proclamation
2007-M, entitled:
A PROCLAMATION BY THE ELKO
COUNTY BOARD OF COMMISSIONERS RECOGNIZING THE
CARLIN CITIZEN OF THE YEAR FOR 2007. Commissioner
Myers seconded the motion. The motion was passed
unanimously.
Commissioner Ellison noted the Mayor of Carlin had invited the Board
Members to the banquet for the presentation.
VI.
ELKO COUNTY BUILDINGS AND GROUNDS DEPARTMENT:
A.
Introduction of David Armuth, the new Buildings and Grounds
Supervisor, to the County Commission.
Robert Stokes noted David Armuth had gone through the application
process and the interview process. He reported that David Armuth started
working for the County on Monday. David Armuth stated he was honored to have
the job and would do it to the best of his ability.
B.
Discussion and consideration of approval of a Certificate of
Appreciation to Lauri Brown, Buildings and Grounds Maintenance
Worker, for her diligent work during the period between the retirement
and the appointment of the Buildings and Grounds Supervisor position.
Lauri has not been with the County very long but stepped up to the
challenges in the Buildings and Grounds Department with an
enthusiastic attitude during the transitional period for the Supervisor’s
position.
Robert Stokes noted they don’t usually do this in the transition of a
Department Head. However, Lauri was left by herself in a department that usually
there were three people. He stated they received numerous compliments from
various departments upon her work and positive attitude.
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MOTION: Commissioner Nannini moved to approve the Certificate of
Appreciation to Lauri Brown.
Commissioner Russell
seconded the motion.
The motion was passed
unanimously.
Carol Fosmo stated they had a token of their appreciation from the Clerk’s
Office, the Assessor’s office and the staff in the Courthouse. She noted that when
the air conditioning went out in the new courthouse Lauri Brown went above and
beyond trying to keep them all cool. Lauri Brown stated she would continue to do
her job.
VII.
ELKO COUNTY PUBLIC WORKS DEPARTMENT:
Pilot Valley Solid Waste Disposal Facility Upgrade:
Pursuant to Notice No. 13-2007, INVITATION TO BID – Pilot Valley Solid
Waste Disposal Facility Upgrade to make improvements to the disposal
facility in Pilot Valley, bids were received and opened on May 15, 2007.
Pursuant to bid review and tabulation results, consider awarding the bid to the
lowest responsive/responsible bidder. This project is funded, in large part, by
CDBG funding.
Lynn Forsberg reported that they received two bids Shelton’s with a base bid
of $64,810 and Mach 4 Construction in the amount of $99,533.00.
MOTION: Commissioner Nannini moved to approve the bid from
Shelton’s Construction in the amount of $64,810.00.
Commissioner Myers seconded the motion.
Commissioner Ellison inquired if that was within budget and received an
affirmative response.
The motion was passed unanimously.
Commissioner Nannini thanked Lynn Forsberg on the lengthy project.
Commissioner Eklund-Brown inquired where they would be going. Lynn
Forsberg stated they had sufficient funding through grants to do Midas, Wells and
also in Shanty Town.
VIII. ELKO COUNTY PLANNING AND ZONING DIVISION:
A.
Appeal Hearing Request:
Discussion and consideration of setting a date for an Appeal Hearing as
requested by Jan M. “Rocky” and Frances Rockwell regarding a denial by the
Planning and Zoning Commission of a request for a fence height variance in the
Lamoille area.
Robert Stokes recommended they hold the hearing on June 6, 2007 at 3:15
p.m.
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MOTION: Commissioner Eklund-Brown moved to approve June 6th at
3:15 p.m., for the appeal hearing request from Jan and
Frances Rockwell. Commissioner Nannini seconded the
motion. The motion was passed unanimously.
B.
Appeal Hearing Request:
Discussion and consideration of setting a date for an Appeal Hearing as
requested by Jerry Carr Whitehead regarding a denial by the Planning and Zoning
Division of a Alternative Compliance request with regard to a road right-of-way
dedication on Clubine Road (CR 704) in the Lamoille area.
MOTION: Commissioner Nannini moved to approve June 6th at 3:00
p.m. for the appeal hearing requested by Jerry Whitehead.
Commissioner Myers seconded the motion. The motion
was passed unanimously.
IX.
ELKO COUNTY WATER PLANNING COMMISSION:
Discussion and consideration of the final draft of the Elko County Water Plan
that will be scheduled at a future meeting for a public hearing and all other matters
related, thereto.
Randy Brown stated they had the final draft on the Water Plan. He stated
they started with 600 pages of technical information and data and now they were
at 90 pages of good information. He stated this Plan was developed from concise
planning and structured to adapt. He noted it was a working plan. Randy Brown
stated there was a list of recommendations and conclusions. He submitted copies
of the plan on CDs to the Board Members and the Deputy Clerk. Randy Brown
expressed appreciation to the Elko Water Planning Commission for their time and
efforts on the development of this plan. He asked that the Board Members review
the CD and within a month schedule a public hearing on this. He stated this plan
would be on the website under the Planning Department under Master Plans. He
stated there would be some changes to the CD. He needed a bio from
Commissioners Ellison and Russell.
Commissioner Russell asked Randy Brown to inform the Board of the
State’s review. Randy Brown noted they had sent the plan three times to the
State Water Engineer. He reported that Ray David the State Water Planner had
offered very few comments. They hoped to hear from the State Engineer’s Office
soon but there had been very few recommendations for change previously.
Commissioner Eklund-Brown noted there was legislation in the session
asking for approval of domestic wells and parcel maps. She inquired if they had
an analysis on the basins in the Master Planning process and if they had an
accumulative impact analysis. Randy Brown stated there was some state
legislation but did not know if that water legislation had passed. He stated the
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legislation would require the State Engineer had to approve parcel maps. Randy
Brown stated at this time there was no state review of the parcel maps. He
believed this would cause a bottle neck in their subdivision or parceling process.
He believed it would go from 30 days for approval to more than 180 days to get
the State Engineer’s approval. He hoped that legislation was not passed. Randy
Brown commented that there was legislation wherein they would require a 2.28
acre feet per parcel which was 1,800 gallons per day. He stated that Elko County
was one of the five counties that did not have that requirement. He stated Elko
County did not have enough parcels created on a yearly basis that they should
have to designate that water for each parcel. Randy Brown commented it was an
implied use, a domestic use, and people own the right to use it for domestic
purposes. He stated that was the County’s philosophy and policy since he had
been with the County. Randy Brown noted if the state legislation passed then that
would be taken out of their hands and it would require every developer to apply for
water rights which would slow down the subdivision process more. Commissioner
Eklund-Brown noted that in the Spring Creek area they have maximum parceling
according to the Master Plan for the water resources. She inquired what would
happen if they went beyond that. Randy Brown stated Elko County took the
position of pro-development. He stated if a person could develop land they would
have to provide water in some way, shape, or form. He noted these basins were
becoming more over developed but they were taking precautions within this Water
Plan to insure their future by looking at adjacent basins that were not adjudicated
or over allocated. Commissioner Eklund-Brown inquired if some of the water
rights that they had applied for were to reserve water for those future uses. Randy
Brown stated that was their sole purpose to keep those water rights within Elko
County to provide for future development. Commissioner Russell stated the next
planning meeting they would have a celebration after the vote on the plan.
Commissioner Russell noted this meeting would have an agenda so there was not
a conflict.
XI. ELKO COUNTY JUVENILE PROBATION DEPARTMENT:
Discussion of Juvenile Probation Department issues including the Juvenile
Detention and Juvenile Probation Monthly Report and all other matters related,
thereto.
Mike Pedersen stated his representative last month did not appear. He had
provided a written report. He noted that the County Commissioners had approved
them to split their responsibilities and fill their front office, secretarial position
which freed up the financial secretary. He stated that in March their financial
secretary had collected $75,000 from old debts. Mike Pedersen stated they
hoped to show similar numbers in the future. He stated they had submitted a
grant application for $57,000 to help fund their programs. Michael Pedersen
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noted that Judge Puccinelli helped them revise their Drug Court Program and that
program had grown from 4 juveniles to 26 juveniles. He stated a large portion of
them were in Wendover were they may have to provide a separate Drug Court
Program. He stated some of those positions requested in the budget would help
with both of those programs. Commissioner Eklund-Brown noted that last time the
Board Members discussed some issues. She inquired about the loss of
assistance to Teen Court and the better use of the Juvenile Task Force personnel.
Michael Pedersen inquired about the Teen Court assistance. Commissioner
Eklund-Brown noted that Teen Court had provided a person who assisted with
community service. She stated they were no longer doing that so there was a
request from District Court 2 to provide monies for a part-time community service
person to supervise. Mike Pedersen noted that was always offered to that
Department and he did not know why they were not utilizing it. Commissioner
Eklund-Brown stated they were informed it was a grant position and it was no
longer used for that purpose and had gone into a full time position with different
duties. Mike Pedersen stated that program still runs. He believed that they
provided the same service prior to the switch in Judges. Mike Pedersen stated
that they had that component and it had always been a grant funded position. He
stated they lost their full time individual but they provided supervision on Saturday
and Sunday to both departments. Mike Pedersen noted that when District Court 1
wanted that individual they helped train her. He stated the only contact they have
now was providing referrals to the Teen Court Program and the communication
lines had changed. Mike Pedersen reported that they were still waiting to hear if
the grant was approved or not for the Juvenile Task Force. He noted their
contribution to that Task Force was an Administrative Assistant which was
requested. Commissioner Eklund-Brown noted in speaking with Sheriff Lotspeich,
he felt there would be monthly meetings held. Mike Pedersen hoped for that to
occur so that they may have a good relationship with the Sheriff’s Department.
Commissioner Eklund-Brown noted the China Spring meeting was cancelled
and it would be rescheduled.
Commissioner Myers inquired about the development of the pilot program
and if the costs would be covered by the grants. He inquired what happened if the
grants went away. Mike Pedersen replied the concept of the grants was to
provide for a 3 year period and they would lessen after the first year so that by the
third year the program could pick those costs up. He stated since then they had
funded this program. He stated that showed the success of these programs.
Mike Pedersen stated they continue to receive grant funding to have a good
mental health person in their department. Commissioner Myers noted it has
become hard to fund all the projects and programs brought on board by all the
Departments through the granting system. Commissioner Myers noted in
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reviewing the budget if they lose their grant proceeds there would be a hard time
in each department to cover that lack of funding. Mike Pederson noted that Judge
Puccinelli had asked them to reduce their programs and focus upon the ones that
were successful. He stated they had reduced those classes to 7 which were the
best. Commissioner Russell noted in the budget process there was hope that
these were good programs. He stated out there was a false sense that they would
have more money in the future. He noted they had raised every department 20%
for the increased costs of fuel and gas but that may be insufficient in the summer
time. He stated inflation gave a false sense of expectation that they could afford
to add more positions or programs. Mike Pedersen noted that when they look at a
program they look to see if there were people somewhere in the County that run
that program already. Mike Pedersen stated that on some of the programs they
look to see if they could attach fees to build the sustainability of the program
without having to ask.
XII. ELKO COUNTY AMBULANCE SERVICE:
A. Radio Transmitter Site License Agreement:
Discussion and consideration of approval of a an agreement to allow an Elko
County Ambulance Service radio transmitter to be sited on West Twin Peak radio
facility north of the City of Elko.
Bill Webb stated their radios had problems in town because of the
businesses’ computers so they have had to change their frequency. He stated
that they did change the frequency and then found out that their transmitter was in
the basement of the Police Department and it was rusted out. Bill Webb reported
that they had never been moved over to the Central Dispatch Center. He stated
they had a new frequency; they have new hardware and an agreement with
Lambda Communications, Inc. on Adobe/Twin Peaks. He noted that Kristin
McQueary had performed a legal review. He stated this was in his budget and the
agreement was for four years. He noted this would put their radios on a repeater
system on the mountain tops. Bill Webb stated that site was a secured area.
MOTION: Commissioner Myers moved to approve the agreement to
allow an Elko County Ambulance Service radio transmitter
to be sited on West Twin Peak Radio Facility.
Commissioner Nannini seconded the motion. The motion
was passed unanimously.
B. Enhanced 911 Emergency Communication System:
Discussion and consideration of a multi-agency effort to review the
feasibility of the development of an Enhanced 911 Emergency
Communication System in Elko County.
Bill Webb commented upon the number of emergency calls they had
received for fire and ambulances. He stated an Enhanced 911 system would
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reduce their response time and help dispatch. He noted this was for the County
Commissioner’s information that they were looking at this and they would bring
back a report to the board. Commissioner Eklund-Brown inquired if it utilized GIS.
Sheriff Lotspeich replied in the affirmative. Commissioner Ellison inquired if
Homeland Security would help fund this. Bill Webb stated he would look into that.
He would submit more updated information. Commissioner Nannini noted that
amount had previously been excessive for this system. Commissioner EklundBrown noted the County’s GIS system was being upgraded so it may tie into this
system.
X.
CERTIFICATE OF RECOGNITION:
Discussion and consideration of approval of a Certificate of Recognition to
TuesDay Henderson, who Father lost his life in the Vietnam Conflict which made
it difficult to prove Ms. Henderson’s birthright to her Father. Recent DNA testing
had proved Ms. Henderson relationship to her Father. Elko County recognized
Ms. Henderson’s connection to her long lost Father and honors her Father,
William Arthur Kimsey, Jr., who gave his life for his Country.
MOTION: Commissioner Myers moved to approve a Certificate of
Recognition to TuesDay Henderson. Commissioner Russell
seconded the motion.
The motion was passed
unanimously.
Connie Campbell, POW-MIA Elko Awareness Association, presented a
certificate to Mrs. Henderson. Commissioner Myers read the letter dated April 26,
2007, to Mrs. Henderson from Senator John Ensign into the record.
Commissioner Russell read the letter received from Assemblyman John Carpenter
dated May 16, 2007, into the record.
Jim Ithurralde, Eureka County Commissioner, read Assemblyman
Goicoechea’s letter into the record. He noted the Assemblyman was in legislative
session and could not be here personally.
Terri Fairfield, Assemblyman Heller’s representative, presented a statement
from Congressman Heller. She stated that Congressman Heller would present a
certificate to TuesDay after the commencement exercises for Great Basin College
on Saturday.
Commissioner Ellison thanked the Board Members for helping with this
matter. He gave a brief history of his first meeting with TuesDay and the
beginning of the quest for her birthright. He stated it took six years for Tuesday to
prove her birthright to her father, William Arthur Kimsey, Jr. Commissioner Ellison
stated that Congressman Gibbons and Senator Ensign helped. When they
received word that her father’s remains were returned home on January 1, 1998,
Congressman Gibbons and a one star General applied for DNA testing. He stated
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eventually DNA testing was developed which positively proved TuesDay was the
daughter of William Arthur Kimsey, Jr.
Commissioner Myers presented the plaque to TuesDay Henderson on
behalf of the board.
TuesDay Henderson commented that her Mom could not be here due to
death of her Step-Dad. She stated her mother wanted her to express her
appreciation to them. TuesDay stated she lost her dad when she was 2 years old.
She noted that her Mother never knew what happened to her Dad. She had been
searching for him since she was 17 years old. Commissioner Myers commented
that on May 28, 2007, there would be a memorial service for the Veterans at the
cemetery.
Chairman Ellison called a recess at 1:55 p.m. and reconvened the
meeting at 2:08 p.m.
XIII. SHERIFF'S DEPARTMENT:
A. Discussion of Sheriff Department issues including operational reports,
statistics, communications and all other matters related, thereto.
Lt. Doug Gaily noted they had previously submitted a written report. He
reported upon their law enforcement memorial they had just held. He hoped that
would become an annual memorial. He stated the Motorcycle Jamboree was
coming up and they were coordinating with the City for coverage of that event. Lt
Doug Gaily stated that there was grant funding to help offset the costs. He
reviewed the patrol statistics of 2695 calls for service; drove 51,387 miles; made
23 arrests; wrote 179 reports and issued 64 citations. Lt. Doug Gaily stated there
were two new control operators starting next week in the jail. He stated they
would streamline the commissary and they had hired a new maintenance man at
the jail. Lt. Gaily noted the statistics now show the time of incarceration. He
stated there were 117 incarcerated today but the average daily population was
114. He reported that there were 317 bookings. Lt. Gaily noted that 205 had
stayed for more than 4 hours.
Commissioner Eklund-Brown requested
clarification upon the statistics. Lt. Doug Gaily noted that the dispatch’s
accounting included other entities.
Sheriff Dale Lotspeich reported that the evidence room audit was 75%
complete and $13,000 was not accounted for. He stated when the audit was
complete they would probably initiate a criminal investigation when they were sure
of the amount. He stated they had received an estimate as to what it would cost
to put in a digital trunk system, VHF system, countywide which was between the 4
to 5 million dollar ranges. He would work closely with Commissioners Nannini and
Myers for funding those communications. Sheriff Dale Lotspeich stated it would
not only affect the emergency services but it would impact Public Works and the
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others in the County who use radio traffic. Sheriff Lotspeich felt the digital system
would be more efficient.
Sheriff Lotspeich stated they hoped to automate the commissary. He stated
the Sheriff’s Office was included in the Juvenile Task Force grant but it was not a
funded position. He stated it would be an in-kind match. He stated if the grant
funding was approved the City would have two members and the Sheriff’s
Department would have one member. He stated the Juvenile would provide the
part-time clerical. He noted the biggest crimes they were deal with now was the
graffiti. Commissioner Eklund-Brown inquired how that would work if it was
outside the City of Elko’s limits. Sheriff Dale Lotspeich stated they continually
work in Spring Creek and Elko with the High Schools. He felt this gave them the
ability to put more folks out there and to look at other types of vandalism.
Commissioner Eklund-Brown inquired if the Deputies would cooperate with the
outlying areas and received an affirmative response. Commissioner Russell
inquired if they photo all graffiti and if there was a cleanup program. The Sheriff
replied in the affirmative and stated that they were working with the offenders in
the system to clean it up. Sheriff Lotspeich stated that there was a proposal to
use subjects within the drug court. Commissioner Russell felt that they should
intensify the reimbursement for the property and increase the reimbursement to
the owners. Sheriff Lotspeich stated that was up to the Judge’s discretion.
Commissioner Russell inquired if the majority occurred within the City of Elko and
received an affirmative response. Sheriff Dale Lotspeich stated Carlin had not
experienced this type of vandalism. However, there was some in South Fork,
Spring Creek and on North Fifth Street at Adobe.
B. Discussion and consideration of a request to replace the camera
surveillance system in the Detention Facility.
Sheriff Dale Lotspeich stated they were requesting to go out to bid to
upgrade the camera system. He stated the control head for the camera system
allowing the control operators to move around the vicinity had gone down. He
stated that if an officer got into a fight, then he would not be in direct view of the
control room. Sheriff Lotspeich asked for permission to expedite the process. No
bids would be received until July 1, 2007 so it would be in the new budget. Cash
Minor clarified that it had been approved in the budget.
MOTION: Commissioner Russell moved to approve the authorization
to go out to bid. Commissioner Nannini seconded the
motion. The motion was passed unanimously.
XIV. ELKO COUNTY LIQUOR BOARD:
The Liquor Board was called to order at 2:22 p.m. to discuss and consider
approval of a catering Liquor License for Billie H. Krahl doing business as the Poor
House Inc. / The Watering Hole. The Liquor Board was adjourned at 2:24 p.m.
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XV. ELKO COUNTY SHERIFF’S POSSE:
Discussion and consideration of issues related to the Sheriff’s Posse.
Milt Grisham submitted a written summary of the policy which led up to his
dismissal. He understood that the Commander of Posse served at the Sheriff’s
discretion. Milt Grisham read the letter into the record and submitted copies to the
Board Members and County Manager. He stated when the Posse performs
security they fill out a Request for Security form and submit it to the Sheriff’s
Department such as for Mexican dances or other small events. He stated that at
three of the Mexican dances they had disturbances and were forced to make two
arrests. He stated the Police Department transferred the arrestees to the jail and
subsequently the City Police made out the Probable Cause Reports. He stated in
the PC report was the report of the use of force and the reasons for the arrests.
Milt Grisham stated the Posse did not make many arrests so they were not
familiar with the procedures. Milt Grisham stated Commissioner Myers had
previously asked what the cost would be for the insurance and in his research it
would be 10 cents per day, per man.
Commissioner Ellison commented upon the various events that the posse
had provided security upon.
Dan Nielsen, ex-posse member, expressed concerns about the Sheriff. He
asked where the money would come from for the lawsuits to cover what the
Sheriff was causing. Commissioner Ellison requested clarification if it applied to
the Search and Rescue. Dan Nielsen replied the misconducts that go on, on a
daily process. He volunteered to speak to any Commissioner individually after the
meeting. Dan Nielsen stated he had been a deputy for 3.5 years and had lived in
the county for only 5 years. He stated this was of great concern and urged the
Board to limit authority of the Sheriff.
Commissioner Ellison asked Cash Minor about the insurance policy which
provided coverage of the Posse. Cash Minor stated in the past both Workmen’s
Comp and liability insurance had been provided by Elko County.
Sheriff Dale Lotspeich stated he e-mailed a copy of the confidential memo
that dealt with the disciplinary action that was taken. He stated this was an
internal disciplinary matter. He commented that Milt Grisham was never fired. He
resigned his commission and was offered a place within the posse organization.
Sheriff Lotspeich noted the some of the other posse members resigned at a
subsequent emergency meeting that his staff held that night to discuss the
changes that had occurred. Commissioner Nannini inquired if they would
reinstate a posse. Sheriff Dale Lotspeich stated there were 16 members in
existence. He stated the only change was that security was not a primary function
but they were willing to work with any organizations that have in the past benefited
from having the posse providing security. Sheriff Dale Lotspeich has spoken to
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the Fair Board and a member of the racing commission earlier today to assure
them the Sheriff’s Department would be at the fair. He would utilize full time
personnel at the major events and during the Labor Day holiday which would give
the deputies an opportunity to work with the public. He stated they were still
providing a service to the School District, and the Hospital. The Elko Police
Department was looking at creating a branch within their department to utilize non
sworn personnel to help cover large events in the City.
Commissioner Myers asked if the Sheriff would do the same functions as the
posse had at the Motorcycle Jamboree. He stated historically the posse provided
the security force Thursday through Saturday nights to maintain security for the
vendors in the corridor. He was told that there would still be posse members
available downtown. However, he felt that those posse members would be
assigned as on patrol and not available as a paid security force on the corridor to
watch over personal property. Sheriff Lotspeich stated they would have what the
Police and the Sheriff’s Departments feel would be more than adequate presence
to provide for the public safety and to provide for the protection of property for the
individual vendors. He believed that there would be folks there to provide a
sufficient presence to walk among the vendor’s booth. Sheriff Dale Lotspeich
stated part of the plan was to have a community based group who would walk a
beat area within the vendor areas. Commissioner Ellison inquired what this would
do to his budget. Sheriff Dale Lotspeich did not believe there would be a budget
affect because this was only a change in policy for certain functions that they
participate in. He stated that he was not authorizing non sworn personnel to work
at functions where alcohol was the primary focus. Sheriff Dale Lotspeich stated
that currently at some of the events that have occurred in Elko the Elko Police
Department had provided a service for them. Sheriff Lotspeich stated the days of
a governmental agency providing that type of service at a rate lesser than what
they could recoup their actual costs were over. He stated they would work at
public events and anytime there was a request they would provide personnel.
Commissioner Ellison had spoken to Sheriff Lotspeich about the incident wherein
pepper spray was used. He felt that if someone was in a security shirt they would
not have power over thirty people. Sheriff Lotspeich felt they were without
adequate manpower in that type of a situation presently. He was not disputing the
fact that in a situation like that the use of some type of non lethal force was
justified. He stated the entire issue was the fact that procedures were not followed
after numerous counseling sessions. Sheriff Lotspeich stated Mr. Grisham did not
follow the required procedure with regards to reporting. Commissioner Ellison
inquired if he had documented all of their meetings and requested copies of that
documentation. Commissioner Eklund-Brown stated that was in their e-mail.
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Commissioner Ellison accepted three documents into the record from Justin
Powell, Charlie Seemann, and Don Newman.
Commissioner Russell asked the Sheriff to review his statutory authority
over the Sheriff’s Posse and any statutory implications which governs the
operations of the Elko County Sheriff’s Posse. Sheriff Dale Lotspeich stated the
Sheriff had the authority to establish an auxiliary reserve unit which basically
provides a supplement to the force. Sheriff Lotspeich stated under the statutes
the laws have evolved to where if a person was an armed Deputy who had a
badge and uniform they fall under the authority of the Nevada Post Regulations.
He stated under the Nevada Post they have to be certified and under the direct
supervision of a category one officer to perform their job function. Sheriff
Lotspeich stated in utilizing legal counsel and his own research no other authority
than the Sheriff could utilize civilian members of the community and make them
deputies in the event of an emergency. Sheriff Lotspeich stated under his regime
there was never a plan to have a paid security force. He stated that the Sheriff’s
Department wanted to wean themselves from that responsibility and provide the
primary function for what the posse was organized for, search and rescue.
Commissioner Russell inquired if there was a statutory provision for the post
certification as a requirement. He inquired if there was a policy to grandfather
members of the posse in. Sheriff Dale Lotspeich stated there was no grandfather
clause. He stated the laws had evolved over the last ten years to the point that if
a person wants to perform the function of a law officer as a volunteer there was a
minimum certification of 160 hours of certified training, a written test, and
completion of a physical fitness test. Sheriff Lotspeich stated that during the
course of his employment as a Sheriff’s officer and a training officer he attempted
to bring these folks into compliance but that had never occurred. Sheriff Lotspeich
stated that there were three members of the current posse groups that meet the
certification process. Commissioner Russell noted that many communities had
private companies that provide security services at a higher rate than the Sheriff’s
posse. He inquired what the advantage would be of having a company offering
these services versus the Sheriff’s Posse at a reduced rate. Sheriff Dale
Lotspeich stated philosophically he felt it was wrong for government to complete
against private enterprise for a job function that could be performed by a private
entity. Sheriff Dale Lotspeich stated the whole issue was not to disband the posse
but to evolve into a non sworn capacity. He noted that within the posse’s By-Laws
it stated they were to serve without compensation. He stated a lot of the posse
members had received individual compensation. Sheriff Lotspeich stated there
were a lot of issues involved. Sheriff Lotspeich stated this had only become a
political thing because Mr. Grisham wanted it to be a political thing by bringing it
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out in this manner and in this forum. He stated they were only trying to bring them
in compliance with the law and within their current By-Laws.
Commissioner Myers inquired what would happen to the $23,000 that the
posse had in the bank. Sheriff Dale Lotspeich stated the current posse members
had transferred that into an account and it would be up to them to create their
Board of Directors and their non profit corporate officers to dispose of those
monies. Commissioner Eklund-Brown inquired if there was any County oversight
on those accounts. Sheriff Lotspeich stated there was no auditing or Sheriff’s
oversight over those accounts. Commissioner Eklund-Brown noted the posse was
serving as an extension of a public entity with no accountability. Sheriff Lotspeich
had discussed that with Robert Stokes and Cash Minor. He stated they were
determining whether the County wanted to become involved. He stated based
upon legal counsel recommendations, the Sheriff has stayed out of the posse’s
financial issues. Commissioner Eklund-Brown noted that every other contract for
security in the County fell under his budget and the annual audit. She stated each
administration changes and the volunteers serve at the will of the Sheriff. She
believed that there were two different philosophies. Commissioner Eklund-Brown
noted the laws have changed and the liability issues had become a national issue.
She did not feel that the changes the Sheriff had made were unwise and that he
was doing them to benefit the County. She appreciated that he was trying to bring
the County up to compliance with the state law. Commissioner Eklund-Brown
believed the posse had become an independent function as a non profit without a
lot of supervision when they were supposed to be an extension of the County.
She did not oppose everyone being Post Certified if they were carrying. She felt
the posse was an asset to the County and a service that they needed to have.
Commissioner Ellison did not believe they needed post to carry a weapon.
Commissioner Eklund-Brown noted the posse was acting on the County’s behalf
and under the command of the Sheriff. Commissioner Nannini noted this
Commission did not have any authority over how Sheriff Dale Lotspeich ran his
department. He stated the only authority they have over him was his budget. He
asked that Sheriff Lotspeich consider the human element. He noted the posse
took their jobs very seriously. He asked that he consider the thousands of hours
that had been donated. Sheriff Dale Lotspeich stated he appreciated his opinion.
He noted that he has never terminated a single person from that organization. He
had demoted the person in charge over a disciplinary issue pursuant to
progressive discipline. Sheriff Lotspeich stated they had no intentions of
disbanding anything. He noted this was the action of Mr. Grisham and some other
posse members. He had no intentions of creating this type of hardship. Sheriff
Lotspeich reiterated that it was a demotion and it was not a political thing. He
stated it was an internal Sheriff’s matter which was made a public issue. He was
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the elected County Sheriff and he was here to answer to the Board and to answer
to the public over the decision he made. He stood by his decision. Commissioner
Russell noted over the years he had learned that Commissioner Nannini, as the
senior member of the Commission, gave very reliable advice to him. He
suggested Sheriff Lotspeich speak with Commissioner Nannini because
Commissioner Nannini would make himself available to him and the Undersheriff
when needed. Commissioner Russell stated he had been in the military and felt
strongly about the chain of command. He was sorry that some people took a
drastic step not to be part of the Sheriff’s Posse. He agreed with Commissioner
Nannini that they provide a valuable service and hoped they would reconsider
their decision. Sheriff Dale Lotspeich stated it was not his intention for this to be a
war between the Sheriff’s Office and the County Commission. He stated they
wanted to work through this issue and move forward. Sheriff Dale Lotspeich
stated he was available to meet with any individual. He spoke regularly with the
County staff on issues involving the Sheriff’s Department. He stated the
Commissioner’s points were well taken but in this particular instance they had no
desire to create the effect that occurred. He would deal with it and live with the
decision he made.
Milt Grisham noted that Sheriff Lotspeich spoke of disciplinary action but he
was not informed of anything he had done contrary, with the exception of filling out
a Use of Force form. He noted the last of the 3 incidents with the pepper spray
had a report filled out by Justin Powell. He noted on the previous two incidents
there were arrests done and the PC form was filled out. Milt Grisham stated that if
there was need for a disciplinary action then he did not know what it was. He
stated when doing the Fair there was over seven days of racing and 1,000 man
hours were put in. He noted if this went higher than $10.00 per hour it would be
expensive for security.
Lt. Doug Gaily commented that Milt Grisham had been in his office 3 times
and if he had done what he did; he would have been fired. Lt. Doug Gaily stated
he had counseled Milt Grisham and the bottom line was the liability. He stated
several posse members; including the ones that had left, use the term suicide
mission when they did the Mexican dances. He noted that security assignment
was performed by the posse with a gun and a badge. Lt. Doug Gaily stated that
Milt had told them that he did not wear a uniform without a gun because he did not
believe it was safe. Therefore, the decision was made to turn it into a security
uniform. Commissioner Eklund-Brown requested clarification that every time force
was needed they need to file a report. Lt. Doug Gaily replied in the affirmative.
He was told that at the last incident there was no problem and no arrests. He later
found out that people were sprayed with pepper spray. Lt. Doug Gaily talked to
Milt Grisham the following Monday and he stated there were no problems and the
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City was called for traffic control. Lt. Doug Gaily explained the Use of Force form
was used to track what was done so if a lawsuit was filed then they have
documentation on the incidents.
Chairman Ellison called a recess at 3:09 p.m. and reconvened the
meeting at 3:20 p.m.
XXVI. FISCAL YEAR 2007-2008 BUDGET WORKSHOP:
F. Fairgrounds – Update and discussion of potential funding for Fairgrounds
capital construction projects and revenue sources for debt payments and or
capital outlays.
Cash Minor stated the Budget Committee proposed to provide a 3 year debt
service payment so they could finance $340,000 to pay for the custodian
residence and the rail for the track. He stated the debt service payment would be
$128,000 per year for the three year period.
Kelly Buckner inquired if the County could help the Fair Board bond out for
that amount. Commissioner Russell noted they would propose to assign Cash
Minor as staff liaison to the Fair Board. He stated Cash Minor would go to their
meetings and provide financial advice but would not sit upon the Board. Kelly
Buckner did not anticipate any problem with that. If the Fair Board wished to retire
the bond early, he inquired if the Fair Board could bond again. Cash Minor stated
they would have to approach this Board again and make the budgetary request
during the budget cycle. Commissioner Nannini noted there was a lot of interest
expressed in the Fair. Kelly Buckner stated at no time did the Fair Board propose
a 28,000 square foot building at the fairgrounds. He stated there was a drawing
that Mr. Brown from the County had helped them draw for 16,500 square feet. He
did not know where the 28,000 feet came from. Commissioner Eklund-Brown
inquired what was included in the $340,000. Commissioner Myers replied the
caretaker’s residence and the track rail. Commissioner Eklund-Brown inquired
about the cost of the track rail. Walter Winchell, Elko Fair Board, replied the
actual cost was $24 per square foot. He stated that there was 4,800 square feet
for a total of $115,200; freight costs of $7,500 and installation costs of
approximately $10,000. Cash Minor explained that $185,000 of the $340,000 was
for the rail and the balance was for the residence. Commissioner Eklund-Brown
inquired if some of the costs were reduced for the residence was there the
flexibility for electrical or other repairs to be completed. Cash Minor replied in the
affirmative. Commissioner Myers noted the residence and the rail was the primary
need for the fairgrounds. He stated if there was a savings then they could talk to
the liaisons.
MOTION: Commissioner Nannini moved to approve. The motion died
due to lack of a second.
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Commissioner Myers inquired if they could vote on this single agenda item
under this heading or if they had to vote for all the items under this heading.
Kristin McQueary stated they could make a motion but had to designate which
item they were taking action on.
MOTION: Commissioner Myers moved to approve Section XXVI item F
the fairgrounds potential funding for capital construction
projects and revenue bonds in the amount of $340,000.
Commissioner Eklund-Brown seconded the motion.
Commissioner Russell asked that Commissioner Myers amend his Motion to
include that Cash Minor be assigned as liaison to the Fair Board. Commissioner
Nannini suggested that it be an administrative directive. Walter Winchell noted
that they had good liaisons from the County in the past who had reported back to
the County Commission. Commissioner Russell explained that this staff member
could be support staff to the Fair Board on financial issues.
Commissioner Myers amended his motion to include it
being contingent upon the approval of the bond.
Commissioner Eklund-Brown seconded the amendment.
The motion was passed unanimously.
Commissioner Nannini noted the tire plant in Wells was a metal building and
was 13,200 square feet. He stated that building was constructed for $785,000.
He noted the original bids were not far out of line. He commented that the BTI
Trucking had a 150’ x 150 building constructed for $1,163,000.
XXI. BUREAU OF LAND MANAGEMENT:
Ely Field Office:
Discussion and consideration of an invitation to be a cooperating agency in
the EIS regarding the proposed Elk Energy Center (EEC) in White Pine County.
Commissioner Eklund-Brown noted there was a Sierra Pacific Power
representative present today at their meeting. She and Robert Stokes had
discussed the BLM’s invitation to become a cooperating agency on the EIS.
Robert Stokes commented that the County would have to expend time and
resources if they were to become a cooperating agency. He reported that the
County had formally expressed support of the project and suggested that they
send a letter to the BLM reaffirming that support of this project. He did not believe
the County needed to be cooperating agency. Commissioner Eklund-Brown noted
they had received 9,000 comment letters from the same environmental groups
mass e-mailing. She stated that there were unique types of objections.
Commissioner Russell felt they should let the people of White Pine and Sierra
Pacific know this Commission supported the project without being a cooperative
agency.
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MOTION: Commissioner Russell moved to reaffirm their support for
the project in a strong way and notify the BLM that they
would be available to provide input at any point along the
process because they believe in the project. Commissioner
Nannini seconded the motion. The motion was passed
unanimously.
Charles Basso, of Sierra Pacific, thanked the County Commission for their
support.
XVI. NORTHEASTERN NEVADA FIRE PROTECTION DISTRICT:
Discussion and consideration of meetings with various land management
and resource management agencies and organizations to discuss options to
address range and habitat rehabilitation actions to help mitigate the destruction
caused by the 2006 Wildfire Season. Discussion to include County efforts to
secure federal legislation in a joint effort with other Counties in Nevada and other
Western States and the Western Counties Alliance.
Commissioner Ellison commented that the bill was on the floor but they had
pulled out the Disaster Relief Funding. He stated there would be a meeting in the
first or second week of June in Washington. He stated the House bill went to the
floor which included a stay for 1 year on the rural schools, PILT status quo and
pulled out the disaster relief. Commissioner Ellison stated the bill was back on the
floor in the Senate side wherein they would extend the rural school funding, but
PILT was stagnant. He would know more on the bill tomorrow after his
conference call at 10:00 a.m.
Commissioner Eklund-Brown noted there would be a meeting held on May
rd
23 with the NDF to coordinate on the fire station at the railport. She stated the
Fire Fair had been moved to July and would be coordinated with the Stewardship
Group, the Cooperative Extension, and the Nevada Fire Safe Council.
Commissioner Ellison reported that he would be gone during the week of
July 12, 2007.
XVII. 2007 NEVADA LEGISLATIVE SESSION:
Discussion and consideration of issues and proposed legislation that may
come before the 2007 Nevada Legislature’s 74th Session including potential
impacts of proposed legislation to Elko County and its citizens and all other
matters related, thereto.
Commissioner Ellison stated they were making amendments to the Elected
Officials Bill which would have an impact upon the County budget.
XVIII. ELKO COUNTY WATER RESOURCE ISSUES:
Discussion and consideration of water resource management and water
rights issues that may impact Elko County including possible discussion related to
ELKO COUNTY COMMISSION
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the Southern Nevada Water Authority pipeline project and the Central Nevada
Regional Water Authority activities and issues.
Commissioner Russell commented that there was an interesting article on
Pat Mulroy’s take on the new pipeline going into White Pine. He noted it was
Pat’s opinion that now that they have that, inspite of the problems with the
Colorado River; they could continue to create and do more development
throughout Las Vegas. He felt they were looking at taking water from other places
to do more development. Commissioner Eklund-Brown commented that she had
read the article wherein they had the consensus between the seven states on the
Colorado River Pact and it was going to the Department of Interior. She stated all
of them were looking at reductions. She noted Nevada basically had everyone
bought into the pipeline and that was their new water so they had taken a 20%
reduction of the Colorado River water. Commissioner Eklund-Brown noted that
there were seven states that had bought in on that pipeline project. She believed
there would be more political backing now. She noted the drought continues and
these issues would become more political. Commissioner Eklund-Brown would go
on the carbonite tour which would tour the whole pipeline. She stated there was a
new decision from the State Engineer wherein BLM originally had public water
reserves that no one else could tie into. She noted the State Engineer had just
issued a decision that there was enough water for others. She believed it would
have a huge impact upon the BLM water rights in the future.
XX. HUMBOLDT – TOIYABE NATIONAL FOREST:
South Ruby Fuels Reduction Project:
Discussion and consideration of comments regarding the proposed fuels
reduction project to treat approximately 4,500 acres on the southern end of the
Ruby Mountains.
Commissioner Eklund-Brown noted there was a recovery of two years for
grazing. She commented that it was in White Pine County but it did not reflect
whose allotment it was and if the rancher was being offered alternative allotments
for grazing.
Robert Stokes suggested they put that in their comments.
Commissioner Ellison requested follow up information on this.
MOTION: Commissioner Eklund-Brown moved to approve the
southern end of the Ruby Mountains fuel reduction project
for 4,554 acres contingent upon request for information on
the rancher being affected by the two year closure for
grazing and feed back from the Forest Service regarding
that. Commissioner Myers seconded the motion. The
motion was passed unanimously.
XXII. ANNUAL EMPLOYEE PICNIC:
Consideration of approval of the Annual Service Awards to be presented at
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the County Picnic on August 24, 2007.
MOTION: Commissioner Myers moved to approve the Annual Service
Awards to be presented at the County Picnic.
Commissioner Russell seconded the motion. The motion
was passed unanimously.
XXIII. COMMISSION MEETING CALENDAR:
June 6 & 7, 2007 -- 1:30 p.m. – Elko – Courthouse
June 20, 2007 -- 1:30 p.m. – Elko – Courthouse
MOTION: Commissioner Myers moved to approve the Commission
Meeting Calendar for June.
Commissioner Nannini
seconded the motion.
The motion was passed
unanimously.
Robert Stokes reminded the Board that there would be a budget hearing on
May 21st meeting at 4:00 p.m., and the agenda had been posted.
XXIV. CORRESPONDENCE, ACKNOWLEDGMENTS AND NOTICES:
There was no discussion of correspondence and notices received by the
Commission inclusive of assignment of issues to future agendas for Commission
action.
XXV. CONSENT AGENDA:
A. Presentation and review of claims for approval
B. Review and approval of travel requests that may be pending.
C. Approval of Minutes:
March 8, 2007: 1. -- Board of County Commissioners
2. -- Board of County Highway Commissioners
March 21, 2007: 1. -- Board of County Commissioners
2. -- Town of Jackpot
April 4 & 5, 2007:1. -- Board of County Commissioners
2. -- Board of County Highway Commissioners
Commissioner Eklund-Brown submitted corrections to the minutes but
inquired about the claims. Cash Minor noted they were under the new process.
MOTION: Commissioner Myers moved to approve the Consent
Agenda with corrections to the minutes. Commissioner
Eklund-Brown and Commissioner Russell seconded the
motion. The motion was passed unanimously.
XIX. NORTHEASTERN NEVADA REGIONAL RAILPORT:
Discussion and consideration of issues related to the Northeastern Nevada
Regional Railport including options with regard to the development, operation and
management of the Railport and Industrial Park. Possible issues for discussion
ELKO COUNTY COMMISSION
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and action may include Committee recommendations with regard to the lease,
sale or contracting out of all or portions of the Railport and/or Industrial Park along
with potential recommendations for contracting with consultants for various
components of this project.
Commissioner Ellison departed from the meeting room at 3:50 p.m.
due to a conflict of interest. Commissioner Nannini assumed control of the
meeting.
Randy Brown stated that the Railport Committee had asked that
TranSystems prepare a design or structural idea of what the railport would look
like. He reviewed the design of the three track sections, and the work area. He
would e-mail the design to everyone.
Kristin McQueary reviewed the proposed Escrow Instructions and would be
writing to the Escrow Officer regarding some minor changes.
Commissioner Eklund-Brown had spoken to Kevin Lee, of NDOT, and he
was in the process of assembling all of the railroad crossings in Elko County. He
would bring in recommendations on some of them that they may close to have a
second access to the back. She noted that Pacific Steel Lands approved the
parcel map at planning. She noted it was going before the Planning Commission
for approval of zoning change. Randy Brown stated the parcel map may be
approved June 8, 2007. Tomorrow night they would hold the preliminary hearing
for the zone change. Randy Brown stated closing would be on June 30, 2007.
Commissioner Eklund-Brown stated they had started on the demolition.
Randy Brown stated the trees were being cut down first. She stated there were
water rights ready for action and there had been no protests.
XXVI. FISCAL YEAR 2007-2008 BUDGET WORKSHOP:
E. Railport – Review of potential costs associated with the Railport project
and identification of revenue sources for budgetary consideration.
Debbie Armuth noted they discussed four million of debt to complete some
of the infrastructure but they had narrowed it to three million dollars for a 20 year
term at 6% interest. She stated it came out as $261,000 for the payments. The
Railport Committee recommended they increase the consolidated tax revenue
estimate to fund that debt service payment. Commissioner Myers inquired if there
had to be a separate approval on that action. Cash Minor felt they would need to
make a motion on this item. Commissioner Eklund-Brown requested clarification
upon the payment of the debt service. Debbie Armuth explained they would
increase the consolidated tax revenue estimate by $261,000. She stated that
originally their estimate of the consolidated tax revenue was very conservative.
Debbie Armuth stated they would increase their revenue and then show that
transfer out to make the debt service payment. Commissioner Eklund-Brown
inquired if that amount was annually and Debbie Armuth replied it would be
ELKO COUNTY COMMISSION
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annually for 20 years. Debbie Armuth stated initially when they did the
amortization schedules they did it on a ten year term which would be $550,000 for
the four million. She stated everyone on the Railport Committee was hesitant
about that payment schedule. Commissioner Eklund-Brown inquired if they could
prepay. Debbie Armuth stated they could structure the debt were there would be
no penalty for prepayments. She stated if the land was sold then they could pay
down the debt or pay it off. Cash Minor noted there was an assumption that there
would be a revenue stream from that at some point to offset the debt service
payment.
Commissioner Eklund-Brown inquired if cities annex around their boundaries
within the County what affect would there be to the County. Cash Minor noted
they would get into the planning and zoning, water and sewer issues and property
taxes. Commissioner Eklund-Brown inquired about the financial impact. Cash
Minor noted the County tax rate would not be impacted but the city tax rate would
be added upon that property also. Commissioner Eklund-Brown inquired about
the impact upon sales tax. Cash Minor stated it would impact the sales tax
distribution. Debbie Armuth explained that sales tax distribution was based upon
the assessed valuation and their population would continually go up.
Commissioner Eklund-Brown noted her father had pointed out that the IRS had
the flexibility to go in and analyze those municipal bonds and if it benefits one type
of industry they have to pay income tax on the bonds. However, when they offer
them they were low interest but in lieu of the lower interest rate they don’t pay
income tax on it. Cash Minor noted there was a lot of scrutiny of the tax exempt
bonds because there may have been some abuses in the past. Cash Minor
stated the Nevada Bond Council kept a tight rein on the uses of those tax exempt
bonds. He stated the railport bond would be a taxable bond because it was
intended to be used by the private sector.
MOTION: Commissioner Myers moved to approve the revenue source
for the railport project identification of revenues source
bonds in the amount of three million dollars to be paid back
with the consolidated sales tax increase. Commissioner
Russell seconded the motion.
Commissioner Eklund-Brown noted that they had projected this project
would be more and inquired if they would do these bonds as they need them.
Cash Minor did not believe so because this would be encompassing with the grant
money from the state, and the contribution from the Union Pacific to complete the
project. Commissioner Eklund-Brown inquired about the total build out. Cash
Minor stated the County would not do the total build out at this time. He felt that
once there was an operator in place there may be a cost-share arranged or
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certain things may be from the operator or the County. He felt they need to
establish the basic railport which was the track.
The motion was passed unanimously.
B. Recommendations from budget committee as it relates to items not
already addressed in the operating budget:
2. Review and consideration of adjustments to the salaries as set by the
Board of County Commissioners to the Elko, Carlin, Jackpot, Eastline and Wells
Justice Court Justice of the Peace Salaries.
Cash Minor reported that the SB 516 did pass. Debbie Armuth reviewed
page five of their budget packet. Commissioner Russell noted the committee met
with the Justices of the Peace. One position was to go with the elected salaries.
The second position of the committee was they saw an increase of 20% over a
couple of years in the cases referred to the Wells Justice Court. Commissioner
Russell stated the 20% increase would reflect a salary increase of $7,000 and
they negotiated for a $5,000 increase for the Wells Justice Court. Commissioner
Nannini felt the request for $5,000 was justified and the other Justices of the
Peace did not have a problem with Judge Calton receiving the extra money for the
increase in case load.
Commissioner Eklund-Brown inquired what would happen if the elected
official’s bill failed. Cash Minor stated Judge Calton would get the $5,000 but they
would not apply the proposed increase if the bill failed. Commissioner Myers
inquired if that was a result of the last Commission action. Commissioner Nannini
noted that Judge Calton was close to doing the same numbers as the Elko Justice
Court. Cash Minor noted the driving force was when the Highway Patrol was
stationed there and now they were keeping those positions staffed so the citations
were more. Commissioner Russell stated the expectation was that NHP would
maintain that level in future years. Commissioner Myers understood there were
more tickets funneled through that court because of the Highway Patrol.
However, he did not want Judges to establish their salary rate through the Elko
County Commission. Commissioner Nannini stated it was a fairness issue and all
the other Justices agreed she should receive that increase. Commissioner Myers
noted the court systems were costing the County a fortune. He had mentioned to
Commissioner Eklund-Brown of not doing the Juvenile in Elko County and let
China Springs do it since the County already funded that. He stated that these
types of things were being discussed because of the overall cost and where the
budget was at. He believed it was a workload issue. Cash Minor noted the term
of merit increases was being discussed rather than just one position that had an
increased workload. Cash Minor noted the issue of being on the elected official’s
salary process was then accepted by all the Justices. Commissioner Russell
noted some fees were reflected in their increased case load and there may be
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some return from those numbers to offset the salary increase. Commissioner
Myers cautioned that they were to be part-time Judges. Commissioner Russell
noted when they look at the Wells’ court numbers it was more than a part-time
Judge.
Commissioner Nannini stated the Judge was full-time in Wells.
Commissioner Myers inquired about the Wendover Justice Court. Commissioner
Russell stated the Judge was taking classes. He believed the case load would
increase because of the growth in West Wendover.
MOTION: Commissioner Russell moved to put in the Elected Official
Salary Bill if it was passed and make an adjustment to the
Wells’ salary base for $5,000.
Commissioner Nannini
seconded the motion.
Commissioner Eklund-Brown inquired if the Family Court Master was willing
to assist to keep the costs down. Cash Minor stated to his knowledge that was
not happening.
The motion was passed unanimously.
Commissioner Nannini called for a recess at 4:15 p.m. and the meeting was
reconvened at 4:19 p.m., by Chairman Ellison
A. Update of Elko County operating funds to include updated department
requests and potential available funds for appropriation.
Debbie Armuth noted the first page was the update for the final budget
estimates inclusive of the revenues and expenditures. She reviewed the revenue
adjustments with the biggest adjustments being the fines and forfeits; the charges
for services, recorder fees, and map fees. Debbie Armuth explained the increase
in services and supplies were related to grants. She commented that the building
permits were up and so were the intergovernmental revenues. She stated the
Miscellaneous Revenue had declined because of the tax proceeds. Debbie
Armuth stated the Treasurer had sold a lot of the land and there would probably
only be one more internet sale next year. Commissioner Eklund-Brown noted that
a lot of the sellers were getting the excess. She noted the Treasurer had informed
her that there were two new companies on line that collected those proceeds for
the owners. She noted that there was $367,000 available but they have several
items outstanding. She commented that they had addressed some of those items
on May 2, 2007 inclusive of: the increase in child support, some data processing
software, ADS enhancements, transfer to the election fund and reduction of
expenditures to the Public Health Department.
B. Recommendations from budget committee as it relates to items not
already addressed in the operating budget:
1. Elko County Fire Protection District – Review and discussion of salary
roll-ups as proposed in department budget requests.
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3. Lieutenant Upgrade – Consideration of Lieutenant upgrade as proposed
by Sheriff Department during budget process.
4. Evidence Clerk Position - Review and discussion of supplemental
request from Sheriff for reconsideration of Evidence Clerk salary as originally
proposed.
5. Juvenile Department – Review of budget committee recommendations
regarding Juvenile Department requests for budget consideration and all matters
relating thereto.
6. Hobbs Ong Contract – Review and consideration of contract that is
appropriated through contingency annually for inclusion into the Fiscal Year
2007/2008 budget.
Debbie Armuth reviewed the outstanding items from the tentative budget.
She noted the Budget Committee had submitted their recommendations for the
Juvenile Probation Department and that was in their packet. She did not have a
number for the Justice Courts salaries until this last discussion. Debbie Armuth
stated the Fire Protection District was not included in the tentative budget because
they did not know what positions were approved. She stated it would impact the
overtime issue. She stated initially the proposal was for 5% and they reduced it to
2% and have reduced some of the overtime. Debbie Armuth noted the Sheriff had
asked that they reconsider the evidence room clerk salary which the Budget
Committee had reduced the proposed salary. Commissioner Myers noted that the
caveat was the Sheriff’s letter stated that the position needed to be hired within
and should be equal to or higher than other positions in the Sheriff’s Department.
However, if he could not fill within then Commissioner Myers stated he would
make the motion for that to come back to the Commission for a re-look if that
position could not be hired within. Debbie Armuth noted the Budget Committee
recommended a salary of $30,000 per year but the Sheriff requested a $40,579
salary. Debbie Armuth stated the transfer out of $262,000 was for the debt
service payment for the railport. She noted the Budget Committee had talked
about the fairgrounds and the transfer out for the projects that they want to do.
Debbie Armuth stated their original recommendation was $128,000 but after
reviewing the Capital Improvement Fund she suggested they transfer only
$100,000. Debbie Armuth noted the adjustments, which did not include the
evidence room clerk or the $100,000 to the fairgrounds, left them with a deficit of
$126,000. Debbie Armuth stated the Budget Committee left it open at this time.
Commissioner Russell inquired if they could raise the ending fund balance.
Debbie Armuth recommended that they increase the Payment in Lieu of Taxes
from 1.7 to 1.8 million dollars. Commissioner Eklund-Brown asked what Cash’s
plans were for that. Cash Minor felt they should transfer it to the General Fund
and let the $26,000 go to the Ending Fund Balance.
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Commissioner Myers inquired about the Hobbs-Ong Contract. Cash Minor
replied that contract was carried under NACO for several years. They request
funding from the counties to participate in the cost of that contract. He stated
Hobbs-Ong provided financial assistance and analysis on legislative issues for
NACO. He noted the monies contributed by the other counties offset the contract
but Clark County picked up the largest amount. He stated that Elko County had
contributed at the $2,500 level, and it comes out of contingency. He felt this
should become a line item within the budget annually.
MOTION: Commissioner Myers moved to approve agenda item XXVI
B-1 through B-6 as recommended by the Budget Committee.
Commissioner Russell seconded the motion.
Commissioner Russell inquired if he wanted to amend his motion to include
item B-4, if hiring outside of the department, it would come back before the Board.
Commissioner Myers amended his motion to include the
caveat that if the evidence room clerk position B-4 was hired
within the Sheriff’s Department then the initial request for
budget salary stands; if it had to be advertised outside the
Department then it would come back before the
Commission.
Commissioner Eklund-Brown noted they had previously voted on B-2 and
that could be taken out of his motion.
Commissioner Myers amended his motion again to exclude
budget item B-2. Commissioner Russell seconded the two
amendments to the motion.
Commissioner Ellison inquired why it showed no increase in advalorem.
Cash Minor commented that there was an increase in advalorem but their tax
rates were not being increased.
Commissioner Eklund-Brown inquired what the $158,000 under Juvenile
Probation was for. Debbie Armuth stated it was for the Juvenile Probation Officer
funded through the Task Force grant; the BADA Counselor’s benefits only
because the Drug Court grant would pay for the salary; the Community Service
Director, overtime; services and supplies; their administrative assessments would
pay for their vehicle; the salary adjustment was based upon a 3 year proposal to
increase the salaries by 5% (3.5% was budgeted). Debbie Armuth stated in the
Family Court there was a small increase in services and supplies; the Juvenile
Sequestered-Attorney went from a $36,000 contract to $60,000. Debbie stated
they were assured that it would come from the trial expense budget. She noted
there was salary for a secretarial position and a portion would be reimbursed by
4D grant revenue. Debbie Armuth noted the Court Master would only take ½ of
what was requested this year for salary and ½ of the salary increase next year.
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Commissioner Eklund-Brown noted they had agreed to the increase of salary for
the Court Master because of the dual use in the Justice Court. She noted the
reasoning was for shared resources. Mason Simons stated there had been some
representations made but he was not a party to those. He was willing to do the
dual use in Justice Court but it was a matter of the District Court and the Justice
Court getting on the same page. Mason Simons stated that Judge Kacin indicated
that would need to be postponed for awhile until the conflict cases had worked
their way through the system. He noted there were still cases in the system
wherein he was with the Public Defender’s office and Judge Kacin had been in the
District Attorney’s office. Mason Simons had also indicated by Judge Puccinelli
that there was some desire to make this position more competitive with other
Court Master positions in similar counties where the salary range for a Juvenile
Master was around $85,000. He noted there had been a big turnover in this
position within the last several years. He believed the ultimate goal was to get
more stability in this position. Commissioner Russell noted it was difficult to form a
budget when they have department heads that make proposals and then come
back later and request more than their original proposal. He believed it was
reasonable to expect the proposals brought forward to be more dependable and
there was a matter of integrity. Commissioner Russell stated that there were
seeing moving targets in the various departments when it come to their budgets
with no fiscal responsibility. Mason Simmons stated their intention had never
changed to provide services to the Justice Court. It was just a matter of
coordination between the agencies. Commissioner Myers noted the sense of
frustration from the Budget Committee when they had to sift through those
budgets.
The motion was passed unanimously.
C. Review and possible approval of a policy related to purchase of PERS
retirement credits and all matters related thereto.
Cash Minor stated they had drafted a policy similar to the School District’s
which had been tested. He stated this was a “may” policy and buy-backs could
not exceed two years at any time.
MOTION: Commissioner Myers moved to approve the PERS
Retirement Credit Policy as described by staff.
Commissioner Russell seconded the motion. The motion
was passed unanimously.
D. Review of analysis of economic benefits of potential PERS buyouts and
approval and/or denial of specific requests.
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Cash Minor stated there was one request generated by himself and three
other requests by employees. He stated the first request was a one year buyout.
He noted they could pay for the PERS credit and save $9,000. Cash Minor stated
the second one had a cost of $18,000 with a 6 month payback. He noted the third
buyout had a one year cost of $28,000 with a 10 month payback. The fourth
buyout had a two year request at a cost of $51,000 that had a 26 month payback.
Cash Minor recommended that the Board only accept the first request that had the
immediate payback and save $9,000.00.
MOTION: Commissioner Myers moved to approve staff and the
Budget Committee’s recommendation for the request of
number 1, service credit of 1 year, total cost of $32,000 with
the estimated saving of $41,062 with an end result of just
over $9,000 immediate savings to the County.
Commissioner Russell seconded the motion.
Commissioner Ellison inquired if these buyouts would be more beneficial if
they were only one year buyouts. Cash Minor stated they would be beneficial in
the long run but he was looking for immediate savings. Commissioner EklundBrown inquired if the other three buyouts would be beneficial. Cash Minor stated
request two and three would be beneficial after six or ten months but the fourth
request would take over 24 months until there was a cost savings.
The motion was passed unanimously.
G. Jackpot Town – Fire Fighter Position – This position was approved in the
Tentative Budget and additional information regarding the position has been
received for review.
Debbie Armuth stated this was put on the agenda because of the initial
discussion whether they needed a firefighter or more of an EMT position. She
stated since their discussion they had heard this may be a replacement for their
current fire chief as a training period. Debbie Armuth stated firefighter’s position
would work out fine because they would have some EMT duties and they would
run on the ambulance such as the current Fire Chief. She stated they had the
funding in the budget now. Debbie Armuth stated the Fire Chief may only be there
for one year or so. Therefore, he wanted to train this person as an assistant under
him and would do EMT duties. Commissioner Nannini noted they tried to do that
before. Cash Minor noted if this person was under the Assistant role did not mean
that he would automatically become the Fire Chief if the Fire Chief retired.
Commissioner Nannini noted they always have gone outside to get more
experience. Debbie Armuth noted already approved this.
H. Ambulance Fund – Review and consideration of funding as it relates to
the potential of full time emergency service personnel for ambulance
attendants.
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Debbie Armuth noted Bill Webb had proposed full-time personnel for the
EMT and paramedics. She stated Bill Webb had proposed a rate increase of 20%
and to hire two full-time intermediate EMTs at approximately $164,000 at
approximately $24 per hour and two paramedics at $20.00 per hour was $113, for
a total of $277,498. She stated the possible revenue with the increase in the calls
and because of their ability to bill Advanced Life Support and Medicare was
estimated at $192,000. She had figured in a 25% uncollectible rate of $48,000 so
there would be an additional $144,000 in revenue. Debbie Armuth explained the
cost would be approximately $133,000 but there would be some savings in the
volunteer attendants. Commissioner Myers note they estimated them bring in
$144,000 in revenues and inquired if that was the only amount coming in. Debbie
Armuth noted that this would be additional revenue with the 20% increase in
ambulance fees. She noted they had did not raised those rates for several years.
Commissioner Myers inquired if this would generate the City of Elko to look at an
ambulance crew. Debbie Armuth stated they would not need full-time EMTs or
paramedics without the City. She reported that the Ambulance had a $277,000
net income last year. Commissioner Eklund-Brown noted the qualifications of fulltime staff would enable them to respond to more calls. Commissioner Russell
noted that there were certain levels of care they can give when they do not have
EMTs and paramedics. He stated some of those calls were sifted to the helicopter
because of the level of care. Commissioner Eklund-Brown stated this would give
them a higher level of service in the area which would entice companies to come
in. Commissioner Myers understood that the Elko Fire Department of Elko had
seven EMTs and were adding 2 or 3 more paramedics this year. Commissioner
Myers noted the majority of the ambulance money was made in the City of Elko.
Commissioner Eklund-Brown stated the Hospital had brought this up before
because the County ambulance did not have this capability. Commissioner
Nannini felt they would have to upgrade to the EMT level. He commented that
nineteen trainees attended classes and tried out to stay on the volunteer
ambulance but it was prohibitive because of the state requirement. He noted that
out of the nineteen people who tried only one passed the test. Debbie Armuth
agreed the testing had become very difficult. She stated in order for them to keep
an intermediate 2 status they had to be on a service. She stated they may be
running once or twice a month to keep the level 2 status but refuse to run any
other time when Bill needs them. Debbie Armuth stated they needed the
volunteers because he could not get enough people during the day.
Commissioner Myers felt they need to investigate this personnel issue.
Commissioner Eklund-Brown noted volunteers were doing professional services
which were normally full-time positions.
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Commissioner Ellison inquired if it fell under an enterprise fund, could it pay
for itself. Debbie Armuth replied that it paid for itself right now. She stated there
would be offsets with the increased fees and the reductions in the volunteers’
wages. She stated they could change the rates or staff if there was not sufficient
revenue. Cash Ambulance explained that ambulance service had three levels of
service: basic, intermediate and advanced level. He stated they bill out at different
rates per level of service. Cash Minor believed that if Elko was running an
advanced level of service then there were issues to be addressed before the City
could come through their Fire Department to offer those same ALS services.
Debbie Armuth noted the cost to initiate a service was high because an
ambulance was approximately $150,000 for each unit. Commissioner Ellison
asked they get the numbers together and bring that back on Monday.
Commissioner Russell asked that Bill Webb come in on the 21st of May to answer
their questions.
XXVII. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS:
Commissioner Myers thanked Cash Minor, Debbie Armuth and Kathy Long
for their help on the budget. Commissioner Nannini thanked Commissioners
Myers and Russell for sitting upon the Budget Committee.
Commissioner Ellison thanked everyone for their work on this year’s budget.
He commented upon the Juvenile and the two Judges dissention with the budget
which may have to be brought up upon another agenda.
Commissioner Russell stated he would be absent from June 15 through
June 30, 2007.
Debbie Armuth reminded them the last budget meeting would be held on
May 21, 2007.
XXVIII. ADJOURNMENT:
MOTION: Commissioner Nannini moved to adjourn the meeting.
Commissioner Russell seconded the motion. The motion
was passed unanimously.
There being no further business to come before the Board, the meeting was
adjourned.
APPROVED,
JOHN ELLISON, Chairman
ATTEST:
MARILYN TIPTON, Deputy Clerk
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