GEORGE BOUCHER ADMINISTRATION BUILDING



STATE OF NEVADA, )

COUNTY OF ELKO ) ss. SEPTEMBER 21, 2005

The Board of Elko County Commissioners met in regular session on September 21, 2005 at 8:00 A.M., at the George Boucher Administrative Building, 569 Court Street, Elko, Nevada.

There were present: County Commissioners Charlie Myers, Chair

ABSENT John Ellison

Warren Russell

Sheri Eklund-Brown

Mike Nannini

County Manager Robert Stokes

CFO/Ast. Co. Mgr. Cash Minor

Deputy District Attorney Kristin McQueary

Deputy County Clerk Marilyn Tipton

Ambulance & Safety Dir. William Webb

Road Supervisor Otis Tipton

- - -

The proceedings were as follows:

GEORGE BOUCHER ADMINISTRATION BUILDING

CALL TO ORDER

Chairman Myers called the meeting to order at 8:00 A.M. He noted for the record that Commissioner Nannini was present by phone. Commissioner Ellison was in Carson City testifying before the Public Utilities Company.

COMMENTS BY THE GENERAL PUBLIC:

No comments were submitted at this time.

BULLION ROAD BRIDGE PROJECT:

The Board considered possible reductions to the cost of the Bullion Road Bridge Project.

Otis Tipton, Road Supervisor, submitted a copy of the letter he received from the Department of Transportation which stated if there was a road closure for approximately four months during the construction of the replacement bridge, the amount of the project would be reduced by approximately $350,000.00. He stated that the public would have another access through South Fork. He noted that Robert Stokes had suggested that they advertise a notice in the paper of the bridge replacement and the road being closed for 70 to 80 days next year in the summer and fall. Otis Tipton noted then the public could come to the meeting in October and submit public comment about the road closure. Robert Stokes inquired if the Commission was aware if anyone would be affected by the closure of that road section. No comment was submitted. Robert Stokes stated that they would let BLM know of the road closure because there would be an increase of traffic on their road out of Lucky Nugget. Otis Tipton stated this would only be over a three or three and one-half month period during the late fall. Commissioner Eklund-Brown inquired if this was past all the residents on Bullion Road. Otis Tipton stated it was past them where the South Fork came out of the dam region. Robert Stokes noted that there would be significant savings and the traffic counts from that region only showed seven to ten vehicles a day. Commissioner Eklund-Brown inquired why they were replacing that bridge with that traffic count. Robert Stokes explained that if the causeway went out then that would be the alternate access to South Fork. Commissioner Russell stated that if they discover people who may be directly affected within this time period then they should be notified by letter in advance of the road closure such as a rancher or miner. Otis Tipton stated that anyone could come off of the Eureka Highway or South Fork if the Bullion Bridge was out. Robert Stokes stated they would publish a notice and put it on the October 6, 2005 agenda seeking public comment. Commissioner Nannini suggested that they notify Wells Rural Electric because that was their service area.

ELKO COUNTY LOCAL EMERGENCY PLANNING COMMISSION (LEPC):

Pursuant to Notice No. 28-2005, REQUEST FOR BID – INSTALLATION OF CUSTOMER PROVIDED REPEATER SYSTEMS ON VARIOUS MOUNTAIN TOP SITES THROUGHOUT NORTHEASTERN NEVADA, bids were received and opened on August 26, 2005. Pursuant to bid review and tabulation results, the Board considered awarding the bid to the lowest responsive/responsible bidder.

This proposal was for improvements on eight mountain top radio repeater sites. This proposal was funded by a 2005 Homeland Security Grant. Improvements may include repeaters and associated hardware such as combiners, duplexers, and antennas. All sites would be reviewed in order to become R56 compliant.

Commissioner Russell inquired if the sites were bid as a package or individually. Bill Webb stated they set it up so that each site was bid individual because they did not know what was needed on each site. He stated when they sent the RFP for this, it was confusing. He stated some bidders thought they should put the equipment in and others believed the County was going to provide the equipment. Bill Webb stated that originally the County was going to provide the equipment through State purchasing. Commissioner Myers stated in looking at the bids would the companies do individual repeaters. Commissioner Eklund-Brown noted that the bidders had submitted it as a whole package. Robert Stokes inquired what LEPC’s recommendation was to either accept it as individual repeaters or a package. Bill Webb stated when he and Bill Cunningham looked at these they had concern with Sierra Electronics’ bid. He noted that Sierra Electronics’ bid stated that if it went over an 8:00 a.m. to 5:00 p.m. then it would be $76.00 per hour. Their bid further stated if installation went after 5:00 p.m. then they would charge $110.00 per hour to put the equipment in. The bid stated that if they needed a snow cat or a helicopter then that would be an additional expense above the bid price. Bill Webb stated that was not mentioned at all in McIntosh’s bid.

Kristin McQueary asked that he review the history of this bid. Bill Webb stated when reviewing this bid there was ambiguous language in the bid. He stated that when the RFP was written up by a dispatch center employee they thought he was working independently. However, it appears those bid specifications were taken off of the internet and applied to Elko County. Commissioner Myers asked Mr. Webb what his recommendation was. Bill Webb replied on the package deal he recommended McIntosh Communications at $20,671.87.

MOTION: Commissioner Russell moved to award the bid to McIntosh Communications for $20,671.87 based on the cumulative total of prices bid and the neglect of Sierra Electronics to meet all the bid requirements in terms of extra costs. Commissioner Eklund-Brown seconded the motion. The motion was passed unanimously.

CONSENT AGENDA:

A. Presentation and review of claims for approval.

B. Review and approval of travel requests that may be pending.

MOTION: Commissioner Eklund-Brown moved to approve the Consent Agenda A & B contingent upon the Commissioners’ review and approval. Commissioner Russell seconded the motion. The motion was passed unanimously.

DISTRICT COURT II:

The Board discussed and considered authorization for law clerk services in District Court II Department.

Robert Stokes stated Judge Puccinelli informed them that his law clerk would be out for an extended time due to pregnancy. He commented that this position not only did his law clerk services but also assisted with the Drug Court. Robert Stokes suggested that they make this a temporary position until they receive further information from the Judge.

MOTION: Commissioner Nannini moved to authorize a temporary law clerk position for law clerk services in District Court II Department. Commissioner Russell seconded the motion. The motion was passed unanimously.

COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS:

Otis Tipton stated Commissioner Nannini had requested road costs for the Pilot Valley region. He submitted written road maintenance costs for July 1, 2004 through June 30, 2005. He stated this was the actual road costs and was not overhead costs. Otis Tipton stated these costs did not apply to having another station in Wells but were the actual costs on guys that work on the road. He stated the Wilkins-Montello Road #765 went from the Winecup, to the Gamble and on to Montello. He noted on the second page had the individual costs for the Delano Road going toward Crittenden Reservoir #766. Commissioner Myers inquired which road they had received the letter on. Otis Tipton replied it applied to both roads. Commissioner Myers inquired if they wanted to close the road to the Crittenden Reservoir. Otis Tipton stated he did not know their standing with NDOW with regards to that reservoir. However, he received a copy of the letter yesterday and with regards to the snow issue, the State had shut down the road for several days during the winter. Commissioner Myers noted in the letter they mentioned a fire truck and inquired if that was an NDF truck. Robert Stokes stated that was a fire truck and NDF was working with them. Commissioner Nannini stated they had taken care of that issue. He asked Otis Tipton if that was a County Road. Otis Tipton replied that was a historic road that had always been maintained by Elko County. He stated that was the through road to Delano Mines and you can come out at Rock Springs. Otis Tipton stated when the Delano Mines were in operation the County maintained that road up to the mine. Commissioner Nannini stated that was upon their County Road Map.

Commissioner Nannini commented that Montello had $9,000.00 in their road money and asked what it would cost to bring in a load of gravel. He inquired where the nearest gravel source was for that community. Otis Tipton stated that Bryce Kimber had in the past hauled the gravel and bladed for them. Robert Stokes stated that they did some work but it was not Bryce who did the work. He stated they did put some gravel around the Post Office and brought some gravel up around the dump station. He stated Jay Nance helped them on those projects.

Commissioner Nannini asked if there was a sign on the road such as they were informed of earlier. Otis Tipton stated that there was a sign when you were going to Crittenden that asked there be no shooting or hunting in the canyon and did not have anything to do with road control. Robert Stokes stated Sheriff Harris sent a deputy out who confirmed that. Commissioner Russell noted that Commissioner Nannini had requested tax information from Caesar Salicchi on the ranch. He inquired if Commissioner Nannini would bring that information to the Montello meeting and received an affirmative response. He noted that the School District received the largest amount of that tax and that those taxes did not apply to road maintenance.

Robert Stokes commented that Commissioners Eklund-Brown and Russell would be looking at transloading facilities in the East and would not be available on October 5, 2005. He noted they had the Crane proposal scheduled for a hearing on Wednesday afternoon. He stated that if the other three commissioners have a conflict then they need to be notified immediately because this would have to be postponed. Commissioner Nannini felt that he might have a conflict because they sold their property under a time agreement. Robert Stokes asked that Commissioner Nannini speak with Kristin McQueary today with regards to that conflict to see if that would constitute a conflict of interest. He stated that if they change that hearing date they would have to send out thirty letters notifying them of the rescheduling.

COMMENTS BY THE GENERAL PUBLIC:

Royce Hackworth stated the State of Nevada through the Fuel Tank Remediation has funds to address the issues at the old hospital. He had heard comments that there may be litigation between the Elko School District and the County because the School District had ran into a fuel tank problem at that site. He knew they had an engineering report on the cleanup of the site and that the State was considering funding up to one million dollars on that issue. Royce Hackworth acknowledged that there were three proposals for that project. However, he was concerned as a taxpayer that if there was a dispute between Elko County School District and Elko County there would be expensive litigation costs. He noted these fees would be coming from the Elko County taxpayers’ pockets and if they were going to spend $150,000 or $300,000.00 in legal fees then it made more sense for both parties to split the costs of the cleanup. Royce Hackworth stated he would go to the School District and make the same plea for them to consider cooperation on this issue. Robert Stokes asked that Royce speak with Cash Minor after the meeting. He stated that the County staff had been in contact with the Elko County School District and they were not prepared for this to come back on the agenda at this point in time. Robert Stokes stated Mr. Hackworth was echoing the same discussions that they had with the School District. Kristin McQueary stated that the School District Attorney and Cash Minor had discussed this very issue. She stated they were still waiting for various engineering reports and decisions by the EPA. Commissioner Myers noted that he had spoken to John Smales upon this issue also. Royce Hackworth encouraged them to avoid the path to formal litigation.

Chairman Myers called a recess at 8:25 a.m.

THE MEETING WAS RECESSED AND THE BOARD OF COMMISSIONERS TRAVELED TO MONTELLO, NEVADA TO RECONVENE AT THE MONTELLO COMMUNITY HALL, MONTELLO, NEVADA AT 10:00 A.M. (Pacific Time).

MONTELLO COMMUNITY HALL, MONTELLO, NEVADA

CALLTO ORDER:

Chairman Myers called the meeting to order at 10:10 A.M. He noted that all Commissioners were present except Commissioner Ellison who was in Carson City today.

PLEDGE OF ALLEGIANCE:

Commissioner Myers led the meeting participants in the Pledge of Allegiance.

COMMENTS BY THE GENERAL PUBLIC:

No comments were submitted at this time.

BURN BARREL RESTRICTION:

The Board considered the discontinuation of the restriction of the use of trash burn barrels due to the extreme wildfire danger in Elko County. Cool weather conditions may have reduced the potential for wildfire activity.

Commissioner Eklund-Brown inquired if this had been extended through to their first meeting in October. Robert Stokes noted that NDF wanted to address this item.

Keven Hall, NDF, stated that with the rain storms they were coming in to ask that the Commission lift the burn barrel restrictions. He asked that they make that effective today.

MOTION: Commissioner Nannini moved to remove the restriction of the use of trash burn barrels in Elko County. Commissioner Russell seconded the motion. The motion was passed unanimously.

Chairman Myers called the Montello Town Board to order at 10:15 A.M. and adjourned the Town Board at 11:35 A.M.

Chairman Myers called the Town of Jackpot to order at 11:35 A.M. and adjourned the Town Board at 11:37 A.M.

THE MEETING WAS RECESSED AND THE BOARD OF COMMISSIONERS TRAVELED TO WEST WENDOVER, NEVADA TO RECONVENE AT THE WEST WENDOVER LIBRARY, WEST WENDOVER, NEVADA AT 3:00 P.M. (Pacific Time).

WEST WENDOVER LIBRARY, WEST WENDOVER, NEVADA

CALL TO ORDER:

Chairman Myers called the meeting to order at 3:00 P.M. (Pacific Time). He noted for the record that all the Commissioners were present except Commissioner Ellison who was in Carson City today.

PLEDGE OF ALLEGIANCE:

Commissioner Myers led the meeting participants in the Pledge of Allegiance.

COMMENTS BY THE GENERAL PUBLIC:

Chris Lund of the Wendover Christian Fellowship stated he addressed the needs of the transients coming through with regards to food, lodging and clothing. He reported that the Salvation Army in Denver did send him some funding at times. Chris Lund noted that on his property tax assessment there was an allocation to transient medical, etc. He asked if there was a process to get some of that funding back to the West Wendover area to help with some of the needs in West Wendover. Robert Stokes stated that there was indigent health care funding. He asked for Mr. Lund’s name and address so that the County staff could contact him regarding these indigent services. Robert Stokes noted that there was some funding at the State level and he may wish to contact them also.

Viola Troyan stated Chris Lund had been doing these services for twenty years and commended him on his efforts for the community.

PRESENTATION OF CERTIFICATE OF APPRECIATION TO THE FIRE PROTECTION AGENCIES IN ELKO COUNTY:

Commissioner Myers stated this Certificate was presented on behalf of the Elko County Board to the West Wendover Fire Department for their diligent fight against the recent fires that had threatened the lives and homes of the Elko County citizens. He noted the Certificate was signed on September 7, 2005 by all of the Commission members. He presented the Certificate to the West Wendover Mayor, Josephine Thaut. Mayor Thaut thanked the Board and stated Jeff Knudtson would appreciate the certificate.

CITY OF WEST WENDOVER:

Mayor Josephine Thaut stated they were doing exceptionally well and the town was growing. She noted that gaming was at an all time high which was their main industry. Mayor Thaut reported that there was an eighteen million dollar expansion of Montego Bay inclusive of 250 rooms with 200,000 feet of gaming space. She stated on October 1, 2005 they would begin construction of their 1,200 seat entertainment center which would be called Tuscany Village. Mayor Thaut stated they planned on building a Tower on top of that eleven story hotel to keep in concept with their Tuscany Village design. Mayor Thaut commented that West Wendover had ranked third with regards to the State gaming revenues.

Commissioner Myers asked if there was any other development or any other industry looking at West Wendover. Mayor Thaut replied that a bank was in construction now and there was a retail center. She noted the housing had increased in the area.

Commissioner Russell inquired what the population of West Wendover was at this time. Mayor Thaut estimated they were at 5,100. Commissioner Russell inquired how much was the gain during last year. Mayor Josephine stated she could not even guess.

Robert Stokes inquired about the development which was non gaming. Mayor Thaut noted that Ray Kroghli had bought some of the land from Vidler Water Company which was prime property across from the Tuscany Village. She stated that the Peppermill had bought a portion of that for future development. Mayor Thaut stated that twenty-seven acres was at the back of the Nugget. Robert Stokes inquired about the Lucky Hills Trailer Park. Josephine Thaut stated they would start that project in the spring. She noted that the City would finance $158,000.00 of that and the rest was through a grant.

Commissioner Eklund-Brown inquired when they would start construction on the new City offices. Robert Stokes stated that was their long range plans. Mayor Josephine Thaut stated the statute of Wendover Will sat in the center of where the City Center would eventually sit. She stated the new government complex would sit just 400 yards off of Highway 80 on the North side. Mayor Thaut stated the City had purchased the 81 acres adjacent to the Rainbow. Mayor Thaut stated they had to move the fire station and their courts. She stated they would sell that property through public auction.

Commissioner Eklund-Brown noted the economic brochure talked about a rail port. Mayor Josephine Thaut stated they were still waiting for money to be appropriated for the airport cleanup. Commissioner Eklund-Brown inquired about the developer south of town from Las Vegas. Mayor Josephine Thaut stated that Ray Kroghli had bought those 700,000 acres. She noted that 12 acres of that land under the viaduct by the NDOT was currently in a land deal.

CITY OF WELLS:

The Board considered a request for funding of $25,000 from the Capital Projects Fund for a joint City/County Road Project since the project bid costs came in over the budget available for the project.

Robert Stokes noted that there was miscommunication with Jolene Supp who had just appeared in Elko rather than West Wendover for this portion of the meeting. He commented that this was Shoshone Road on the border of the City of Wells and Elko County. Robert Stokes stated the County had budgeted $30,000 but the City of Wells had asked for an advance of $60,000.00. Commissioner Nannini stated $425,000 was the first bid and the lowest bid was $375,000.00. He stated due to material costs and fuel costs they need $25,000. He stated the City of Wells was using everything they had and there were no RTC funds remaining. Commissioner Nannini believed the City had saved $300,000 to do the job but they were $25,000 short. Commissioner Nannini had spoken to Cash Minor and Robert Stokes and the County had the funding available to loan to them. Commissioner Myers asked what fund that would come from. Robert Stokes replied Cash Minor had stated there was money within capital projects. He noted that Jolene Supp and the Mayor planned on being at the meeting to review the details. Commissioner Myers noted the County had given them $90,000.00 this year. Commissioner Russell commented that this was a joint project. He suggested that the County fund it for $12,500.00 and if there a mechanism the County could loan or advance the City of Wells the $12,500.00. Commissioner Eklund-Brown questioned if the funding was proportionate to their share of the ownership on that road. Robert Stokes did not know how much was County owned. Commissioner Russell recommended the County give them $25,000 and $12,500 would come from the Wells’ RTC allocation next year. The other $12,500.00 would be granted to Wells from the County. Commissioner Myers noted that RTC funds would not go as far because of oil price increases. Commissioners Myers and Russell noted those increased material costs would effect the rest of the projects in the County next year. Robert Stokes stated Cash Minor felt that funding was in the capital projects for the $25,000.00.

MOTION: Commissioner Russell moved to allocate $25,000.00 and $12,500 would be a grant and $12,500 would be reimbursable in the next fiscal year. Commissioner Eklund-Brown seconded the motion. The motion was passed unanimously.

Commissioner Myers asked to be informed if anything in capital projects would be set aside. Commissioner Nannini felt it would come from the Bullion Bridge project allocation.

BUREAU OF LAND MANAGEMENT, ELKO FIELD OFFICE:

The Board discussed submitting a comment letter on the environmental assessment for the proposed Ruby Hill Mine Expansion – East Archimedes Project which was an expansion on the current mining operations located 0.7 miles northwest of Eureka. The deadline for comments was September 26, 2005.

Robert Stokes stated they supported the previous phases of this project.

MOTION: Commissioner Nannini moved to submit a letter of support for the environmental assessment for the Ruby Hill Mine Expansion – East Archimedes Project. Commissioner Russell seconded the motion. The motion was passed unanimously.

Viola Troyan inquired about the mining industry. Commissioner Myers reported upon the amount of exploration taking place and the latest gold prices. Commissioner Myers noted 225 jobs were available in Elko County and the mines had 214 jobs opened on their job boards. Commissioner Nannini stated there was a shortage of about 300 homes in Elko.

Commissioner Russell noted during the last depression Elko was not affected as much because of the gold mines. He noted the inflation in the Country due to the increase price of crude oil.

RUBY MOUNTAIN RANGER DISTRICT:

HUMBOLDT-TOIYABE NATIONAL FOREST:

The Board considered submitting comments on the proposed minerals exploration by Mr. Clayton Stocks near the Town of Jarbidge, Elko County which included the reopening of 1,900 feet of reclaimed exploration roads and the opening of two old mines for sampling purposes. Deadline for comments were September 23, 2005.

Robert Stokes noted Mr. Stocks worked with Mr. Ruggeri who had mining claims in the area. Commissioner Russell noted Mr. Ruggeri had been very supportive of Elko County in a number of ways.

MOTION: Commissioner Russell moved to submit a letter of support for the mineral exploration proposed by Mr. Clayton Stocks near the Town of Jarbidge. Commissioner Nannini seconded the motion. The motion was passed unanimously.

TECHNICAL/COORDINATING GROUP FOR ELKO COMMUNITY RURAL HEALTH AND EDUCATION OUTREACH PROJECT:

Commissioner Nannini gave an updated report on the ongoing effort of the Group’s efforts to facilitate improved medical and dental services at the old Elko Clinic facility including efforts to provide for Veterans’ services in Elko County. Commissioner Nannini stated there was concern with the availability of space for the veterans within the Clinic. He noted the building was wired for the telemedicine procedure. He stated they were trying to get the veteran services in there. Commissioner Nannini reported that the nurses would go to the back of the building. Robert Stokes felt that the schematic of that building should be obtained to determine where everything was. Commissioner Myers noted that when they performed the field tour with Senator Ensign the topic was that the nurses needed 4,000 square feet and they needed 3,500 square feet for the telemedicine but there was only 7,000 feet or less available. Commissioner Nannini noted the basement was available for any additional medical needs or schooling. He understood that the Veterans would get their services from Nevada Rural Health with the rest of the patients. Commissioner Nannini commented that the clinic was servicing 35 to 60 patients a day. Commissioner Myers stated at the time of the tour with Senator Ensign the administrator of the clinic informed him they were capable and could service the veterans within their facility. He believed part of the confusion was the prescription area had been used to see some of the patients prior to the telemedicine going in that space. Commissioner Nannini would like to line up a meeting with the members from the VA Administration out of Salt Lake City and inquire why they were not going forward with the telemedicine, the telephone monitoring, etc. He stated they hoped to get better service for the Veterans here in Elko.

Commissioner Russell requested clarification that the veterans could receive services through the clinic and they do not need another building. Robert Stokes stated that was correct but right now they could receive services from the clinic but not as veterans. He stated they could be served as Medicare patients but not as Veteran patients. Robert Stokes noted they would need a contract with the Nevada Health Center but that had to go through the VA planning process. He stated they had hoped to shorten the time frame to get the VA clinic but it had not shortened the time frame. Commissioner Nannini commented that the VA had committed to do several things inclusive of the telemedicine. Commissioner Myers noted that the VA Community Service Nurse from Salt Lake City was willing to come out every month to meet the Veterans. Commissioner Myers felt the County should get more involved because this was a County issue. Commissioner Nannini noted that Paul Kilpatrick and Marcia Bandera tried to get through a phone call to the VA in Salt Lake City. Robert Stokes stated they did not get through but Dr. Kilpatrick would continue to try and contact them. Commissioner Myers felt that the County was responsible for the health and the safety of the residents/veterans and they had started this project.

Commissioner Russell commented that at the last meeting he attended they had discussed opening five new facilities in the Salt Lake City area. Commissioner Myers noted they were opening another large clinic in the Las Vegas region. Commissioner Myers stated that the VA had authorized the placement of five new medical personnel with the majority of them going to Las Vegas and several going to Reno/Carson City. Assemblyman Carpenter requested a letter of support opposing that because the rural areas were not even considered in that medical assignment.

Commissioner Nannini noted that Nevada Rural Health had facilities in Carlin, Jackpot, West Wendover and Elko to provide medical services to the veterans. Commissioner Myers felt that Senator Reid had given them more support. Commissioner Eklund-Brown felt it was senseless not to utilize the resources in the region. Commissioner Russell felt the veterans earned and deserved those services. Commissioner Nannini stated it would be just basic services and the surgeries and major medical would be in Reno or Salt Lake City. Commissioner Myers noted that 345 veterans were continually being seen in the Salt Lake City facility. He had spoken to a doctor in Salt Lake and one of the reasons he did not want the facility in Elko County was their service level would drop. Commissioner Myers noted that the VA community nurse came out and placed four units in homes that could not make that trip to Salt Lake City. Commissioner Myers noted that three months ago they had discussed a telemedicine machine that would provide tests, etc., and they had not heard anything. Commissioner Myers, Nannini, and Robert Stokes would get on the phone to the VA in Salt Lake City. He suggested a letter to Senator Reid asking for help to advance this process.

TUSCARORA TAVERN – PHASE III PROJECT:

The Board considered giving approval to submit a grant application to SHPO for the Tuscarora Tavern - Phase III project which would complete the restoration of the project for a Community Center in Tuscarora.

Robert Stokes noted this grant application had to be submitted by October 3, 2005. He stated that they had been successful for Phase I and Phase II for this project. He reported that this spring they would finish the structural stability of that building. Robert Stokes stated Phase III would include all the niceties to that structure. Robert Stokes had spoken to Summer Chandler of SHPO about the grant application estimates on Phase III when they had not started on Phase II of the project. However, Summer Chandler had asked them to submit their estimates for Phase III because everyone would be in the same situation. Commissioner Eklund-Brown had spoken to Gale Rappa who wanted to consult with an architect before submitting the grant application for phase III of the project. Robert Stokes stated there would not be a chance to consult with an architect before submittal of the grant application.

MOTION: Commissioner Eklund-Brown moved to approve the submittal of a grant application to SHPO for the Tuscarora Tavern – Phase III Project. Commissioner Russell seconded the motion. The motion was passed unanimously.

RAIL PORT OF ELKO COUNTY:

Per Notice 34-2005, the Board discussed approval of Phase Two of the Environmental Study on the proposed rail port site.

Robert Stokes noted that no response was received. He reviewed NRS 332.148 wherein the Commission would have to publish for seven days that there was no response to the Request for Proposals. He stated the Board would then be able to select someone. Commissioner Nannini inquired why no bids were received. Robert Stokes stated they had been under the impression that folks were interested yet there was no response received.

COMMISSION MEETING CALENDAR:

October 5 & 6, 2005 – 1:30 p.m. – Elko – Courthouse

October 19, 2005 – 9:00 a.m. – Elko – Courthouse

November 2 & 3, 2005 – 1:30 p.m. – Elko – Courthouse

November 16, 2005 – 9:00 a.m. – Elko – Courthouse

Robert Stokes stated they may not be able to meet on one day because Commissioner Russell and Commissioner Eklund-Brown would be gone on October 5, 2005. Commissioner Myers felt that they could begin the meeting at 9:00 a.m. on Thursday until they finished the agenda items. Robert Stokes noted that the RTC meeting was also scheduled on Wednesday morning. Robert Stokes inquired if RTC had meeting requirements. Kristin McQueary stated they met quarterly. Commissioner Myers suggested they hold RTC at 8:00 a.m. or 8:30 a.m. and then hold the regular meeting at 1:30 p.m.

Commissioner Russell recommended that they postpone the RTC meeting for two weeks. Robert Stokes would contact them about the RTC meeting and the regular Commission meeting.

MOTION: Commissioner Eklund-Brown moved to approve the Commission meeting calendar with October 5th at the discretion of the County Manager. Commissioner Nannini/Russell seconded the motion. The motion was passed unanimously.

CORRESPONDENCE, ACKNOWLEDGEMENTS AND NOTICES:

The Board discussed the correspondence and notices received by the Commission.

Commissioner Myers noted they had received correspondence on the tree lighting. He had spoken to Commissioner Ellison who stated the DBA had started that initial thought process. Commissioner Myers stated that after reading that letter he believed it had been generated through the Volunteer Fire Department. However, they could no longer decorate the tree because of the age of their equipment. Commissioner Nannini suggested they rent a truck from USA Rentals for that decorating. Commissioner Myers commented that the DBA did not want to decorate the tree. Robert Stokes noted one of the complaints was the snow was piled up where the truck had to be parked to remove the lights so they stayed on the tree longer this year.

Commissioner Myers asked if the paint on the courthouse had been addressed. Robert Stokes stated painting of courthouse would happen in the spring. He stated they were trying to address the internal drain in the wall which may be causing some of the painting issues.

Josephine Thaut thanked the Elko County Commission for sending them Ron Supp during their difficult times at the Police Department. Commissioner Nannini believed that the West Wendover had a great guy now to help them. Mayor Thaut stated he was building a new home in West Wendover.

PRESENTATION OF CERTIFICATE OF APPRECIATION TO THE FIRE PROTECTION AGENCIES IN ELKO COUNTY:

Mayor Thaut asked that the Certificate be given to Jeff Knudtson, the West Wendover Fire Chief. Commissioner Myers presented the Certificate to the West Wendover Fire Chief, Jeff Knudtson, Josephine Thaut and Viola Troyan.

COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS:

Commissioner Eklund-Brown stated she and Commissioner Russell had attended the water conference in Las Vegas. They had toured some of the Southern Nevada Water Authority’s facilities while attending the Western Water Law Conference. Commissioner Eklund-Brown stated they were working toward an agreement with them. She felt there was better understanding of each other’s reasoning and problems. Commissioner Eklund-Brown would have copies made of everything given as handouts at the Western Water Law Conference. She stated they were having a forum at the Great Basin College at 7 p.m. She stated Hugh Ricci, Michael Strombel of USGS, etc, would be present. Commissioner Eklund-Brown noted that it was broadcasted on the radio. She noted during the water forum there would be a panel discussion on water law in Nevada. Commissioner Eklund-Brown believed that someone from Great Basin Mine Watch would also be present at the forum in the GBS Theater at 7:00 p.m. Robert Stokes suggested Mayor Thaut contact Paul Kilpatrick for their schedule of events. Commissioner Eklund-Brown stated that tomorrow night there would be a film at GBC presented by Desert Research Institute about water, its impacts and with regards to the growth in the West. Commissioner Eklund-Brown reported that she and Commissioner Russell learned about desalination and the two plants located on the coast which had existing power plants. She stated that there were a lot of issues with water and Las Vegas’ situation was not unique. However, the length of the pipelines and the amount of water was unique.

Commissioner Eklund-Brown noted that there were cattle back in Ryndon so she would call Justin.

Commissioner Eklund-Brown inquired what was happening with the District Attorney’s offices. Robert Stokes believed they had found a facility to relocate those offices. He explained the District Attorney’s Office building was built in the 1950-1960 era. He stated they were considering building new office space adjacent to the courthouse. However, the roof has failed on the District Attorney’s building and the structural engineer did not believe the roof would survive another winter. Robert Stokes stated if they repair the roof it may cost $600,000 for a new roof at the DA’s building so they were looking for temporary quarters.

Commissioner Russell commented that he and Commissioner Eklund-Brown had been working on water issues and was reviewing the water material, and case law. Commissioner Myers believed water issues would be more prevalent throughout the West in the future. Commissioner Russell felt that the Southern Nevada Water Authority was under pressure and there was a discrepancy in SNWA’s thinking. He felt that the SNWA thought this would solve their problems through long term projection. Commissioner Russell did not feel that it would solve their problems long term with the pipeline. He believed that it would only be a twenty to twenty-five year solution. He did not believe they had an answer for their need of water beyond that time frame. Commissioner Russell stated he and Commissioner Eklund-Brown were honest with them. He felt they had a responsibility to represent their constituents but felt they also have the responsibility to give due consideration to Nevada as a whole State.

Commissioner Nannini asked what was happening on Jack Creek. Robert Stokes replied they were trying to schedule a field trip between the Commission and the Forest Service. He stated Dan Dallas was the key person to schedule this field trip with and he was not back in Elko.

Commissioner Nannini noted that they had been at odds with the City of West Wendover over a tax issue. He believed that it was a Legislative oversight that created the law. He hoped that they could work together again and overcome whatever issues that caused. Commissioner Nannini stated the Commission wanted to work with the City of West Wendover. He noted that West Wendover was doing well right now and did not need the County’s help right now. Commissioner Nannini hoped that they could go forward.

Commissioner Myers stated they need to consider their assignments as Commissioners. He noted at the first meeting in January they would need to address those changes to the assignments. He suggested having that discussion at the meeting in December. Commissioner Myers noted Commissioners Russell and Eklund-Brown were eligible for chair but both of them were involved in the water issues.

Commissioner Myers asked what they did historically about the Friday after Thanksgiving. Robert Stokes stated it was family day and considered a holiday. Kristin McQueary stated it was a State holiday. The Board discussed Christmas plans and expressing appreciation to all the departments.

Robert Stokes stated the NACO conference would be held next week in Winnemucca. He noted the 2008 NACO conference would be back in Elko. He was unsure whether it would be a League of Cities and NACO conference at that time. Robert Stokes reminded them that the League of Cities and the Counties joined last time in Elko for their previous conference.

Commissioner Myers noted they had received correspondence on Jarbidge and suggested that Kristin McQueary give a quick legal update at every meeting.

Commissioner Russell suggested looking at next year’s budget and planning work sessions. Robert Stokes noted there were time constraints on Cash Minor and Debbie Armuth to meet with the auditors and complete the annual audit. Commissioner Myers stated that he would like to see some projections for the 2006 budget issues. Commissioner Russell suggested a calendar be developed in January with regards to the budget meetings.

Kristin McQueary stated because of some politics by former Commissioners they had provided copies of everything to the Commission. Robert Stokes stated he did not pass it all to the Commission if it was routine. Commissioner Russell commented that they received a large stack of material with regards to a party changing representation. Commissioner Russell did not believe that was necessary to forward everything on to the Commission. Commissioner Eklund-Brown noted a certain party filed documents which reiterated whatever they said in the past. Kristin McQueary stated they had filed some motions for reconsideration of certain rulings. She noted that the proposed interveners have kept filing pleadings like they were part of the lawsuit. Kristin McQueary stated the new judge had yet to make a ruling on the case because he would need to bring himself up to speed on this case. Kristin McQueary stated they were at status quo in preserving the Settlement Agreement.

Kristin McQueary stated the Planning Commission was doing its five year review of the Spring Creek/Lamoille Master Plan. She stated the Planning Commission’s major concern was the road maintenance costs and funding of those costs. She stated the Planning Commission would hold several meetings on this Master Plan. Kristin McQueary stated that besides road maintenance and road standards they were looking at secondary access to Spring Creek and Lamoille. She noted that at the end of the process all of that would come back before the Commission for the final approval.

Commissioner Russell noted they were discouraged in attending the Planning Commission’s meetings previously because if there was a hearing before the Commission they may become prejudiced or form an opinion prior to the decision by the Commission. He inquired how the Commissioners would keep apprised of what was happening in the Planning Commission. He inquired if they could look at the minutes of the Planning Commission. Kristin McQueary noted Randy Brown was the Chief Planner who could give them a brief update on what was going on. She commented that the minutes were available. Kristin McQueary stated that she had discouraged them from attending certain meetings because the County Commission was the appeal board for the Planning Commission. She wanted them to keep an open mind when these appeals came before them and did not want them to have any preconceived notions. Kristin McQueary noted that a Planning Commission appeal was based upon the record. Robert Stokes stated he had no problem if the Commission wanted to attend the Planning Commission meeting but he suggested that they not become involved in the discussions at the planning process stage. He noted it would be extremely difficult not to participate in the process. Commissioner Myers noted that a Commissioner in attendance could be asked questions. Commissioner Nannini noted that a Commissioner in attendance at those meetings may give the appealing party reason to appeal the County Commission’s final decision. Kristin McQueary commented that six months ago she passed out to the Planning Commission copies of a California Appellant Court’s opinion on a Planning Commissioner who had developed an opinion outside of the Planning Commission and had contributed money behind the scenes to the project. She noted the developer and government had lots of legal fees involved in that situation. Kristin McQueary stated that was why she had discouraged their attendance at those meetings. Kristin McQueary stated if someone called a Commissioner prior to the decision time on an appeal she asked that they find out the date of the meeting and inform them that they have the option of appeal to the County Commission. Kristin McQueary suggested they disclose the phone calls or contact by either party at the time of the appeal hearing.

Josephine Thaut inquired about Triad LLC. Kristin McQueary stated that issue had gone through the first step before the Planning Commission for the development in Jackpot. She stated there was a change of zoning for a parcel just south of Jackpot. Kristin McQueary commented that Triad did have an extensive website and there were two gentlemen at the County Commission meeting held in Jackpot. Kristin McQueary noted they had three phases to develop their grandiose plan. Josephine Thaut stated that she could not find out anything about this company. Robert Stokes noted they did not know much about these people. He stated they were informed by these gentlemen at their Jackpot meeting that Triad LLC., wanted to do some more development in Elko and West Wendover. He felt Triad was in the preliminary planning stages in Jackpot. Commissioner Nannini stated they did close on the real estate in Jackpot. Kristin McQueary noted that their representatives stated their development plans would depend upon their engineering studies specifically upon the extension of the water and sewer lines. Kristin McQueary stated Triad LLC., was going through the process properly.

ADJOURNMENT:

MOTION: Commissioner Nannini moved to adjourn the meeting. Commissioner Eklund-Brown seconded the motion. The motion was passed unanimously.

There being no further business to come before the Board, the meeting was adjourned at 4:30 p.m.

APPROVED,

CHARLIE MYERS, Chairman

ATTEST:

MARILYN TIPTON, Deputy Clerk

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download