STATE OF NEVADA )



STATE OF NEVADA )

COUNTY OF ELKO ) ss. AUGUST 4, 2005

The Board of Elko County Commissioners met in a regular session on August 4, 2005 at 1:30 p.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko, Nevada.

There were present: County Commissioners Charlie Myers, Chair

John Ellison

Warren Russell

Sheri Eklund-Brown

Mike Nannini

County Manager Robert Stokes ABSENT

CFO/Ast. Co. Mgr. Cash Minor

Deputy District Attorney Kristin McQueary

Deputy County Clerk Marilyn Tipton

County Sheriff Neil Harris

Road Supervisor Otis Tipton

Planning & Zoning Randy Brown

- - -

The proceedings were as follows:

CALL TO ORDER:

Chairman Myers called the meeting to order at 1:37 p.m.

PLEDGE OF ALLEGIANCE:

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

Chairman Myers noted that all the Commissioners were present except for Commissioner Russell at this time.

COMMENTS BY THE GENERAL PUBLIC:

No comments were submitted.

Commissioner Russell arrived at 1:39 P.M.

2005 NEVADA LEGISLATIVE SESSION:

Andrew List, Nevada Association of Counties’ Executive Director, gave a recap of the 2005 Legislative Session and its impacts to County Government. Andrew List felt all 17 counties worked together very well on the session. He stated the County Lobbyists such as Dan Musgrove, lobbyist for Clark County, John Slater for Washoe County, Joe Guild for Elko County and the other rural County lobbyists did a great job for County representation at the session. He felt the biggest issue was the tax cap. He noted that property tax bill started as a 6% cap across the Board. Andrew List stated that Hobbs, Ong and Associates did a parcel by parcel analysis of every piece of parcel within the State of Nevada for every idea the committee discussed. He reported AB 389 was sent to the Senate which was amended with a freeze for 2 years which failed on a vote of 10 to 11. He noted the bill putting a freeze on franchise fees did not make it out of committee. Andrew List acknowledged the Elko County did not do a lot of franchise fees but they may look at those sometime in the future if they were needed. Andrew List believed this would be topic of interim study. He stated there was a bill with regards to the credit card vendor fees which would be shifted when they used their card for DMV fees. He noted DMV wanted to take credit cards five years ago and now they were having problems. He stated the DMV wanted to take out about 11.5 million dollars from the transportation trust fund to pay for the business plan for the credit card program. Andrew List reported that bill was withdrawn during the later part of the session. He noted at the end of the session NACO put together a report. Andrew List submitted a written brief summary of the legislative bill drafts. He encouraged them to pull the bills and discuss them with their District Attorney’s Office. He reviewed several bills drafts from last session, as follows: Court reporter fees, fire emergency funding, confidentiality of constituents (fax/e-mail numbers), disposal of public property at public auction, limitation of city/county liability in civil right acts, property tax cap, distribution of consolidated sales tax, and the Counties being allowed to impose sales tax 1/4 of 1 cent for library, park, etc.

Andrew List reviewed several of the Interim Studies as follows: adequacy of financing for schools, ACR 11 study on affordable housing, ACR 17 practices and procedures of parole and probations programs, ACR 26 the study of water inventory and distribution of water in the State.

Andrew List noted the Senate provided some money to the rural counties during this legislation. He believed most of the money from the Assembly Appropriations went to Southern Nevada for educational programs. He noted that funding was allocated for bookmobiles, rural airports and the Fire Safe Council.

Andrew List stated that the Attorney General had submitted a memo with changes to the Open Meeting Law and suggested their legal counsel review those changes with them.

Commissioner Eklund-Brown inquired how SB 400 for OHV would be administered. Andrew List stated that OHV bill went through legislature and there would be regulations which would have to be worked out. Commissioner Eklund-Brown inquired if DMV or NDOW would take over that program. Andrew List stated OHV would have to have a sticker in order to be legal. He believed that the dealers would provide the stickers. Andrew List noted the dealers had sponsored the bill. Andrew List stated this would be viewed by the Tax Commission. He noted that bill would allow them to designate an OHV route. He stated in Lander County they had kids riding OHV’s to school so they wished to designate those routes. Andrew List noted some of the Counties did not want to designate routes because it would bring them more liability. Commissioner Eklund-Brown inquired if they had to have a sticker if they travel upon those routes and received an affirmative response. She inquired if they could only register through a dealer. She inquired about registration of a used vehicle. Commissioner Myers noted the sticker would also allow them to track those vehicles. Andrew List stated the Tax Commission would address that issue.

Commissioner Ellison inquired about AB 312 appraisal process for public lands. He asked that to be placed upon the next NACO meeting agenda. Commissioner Myers commented that could have an effect upon economic development. Commissioner Ellison complimented Andrew List on his hard work this year during legislature.

Commissioner Ellison noted that he had several phone calls and had met with some of the Senior citizens. He noted that some of the senior citizens that do not have Driver’s Licenses went to DMV to get identifications. He understood that some of the seniors were told that the State would not accept that as legal identification. Commissioner Myers explained that some of the seniors feel that they qualify for the rebate of $75.00 but the way the bill was drafted it would not let them qualify for rebate without a driver’s license. Andrew List stated that was one of the last bills drafted and it might not have been drafted right. He felt that might be an oversight. Commissioner Ellison believed that there was a statement issued from the Governor on this issue. He felt that the DMV should accept the Identification Card as legal identification. Assemblyman John Carpenter stated it was his understanding that even if you did not have a Driver’s License but had an Identification Card you would get the $75.00. He stated if in fact it was the ruling, then it was a mistake in the drafting at the last minute. Commissioner Ellison requested clarification on the DMV’s Identification card. He believed that the Department of Motor Vehicles was not accepting the ID for the sales tax rebate.

Commissioner Russell inquired if Andrew List had been in contact with White Pine County recently. Andrew List replied he had spoken to them on a daily basis. Andrew List stated that Beller & Associates had been counseling them. He stated that there had been a math error which occurred within one year. Andrew List stated the Commissioners were working with the Department of Taxation to rectify the problem. Commissioner Russell inquired about resolution of the problem. Andrew List stated White Pine County had cut eight to six positions. He stated they were trying to let the City of Ely take back the golf course. Andrew List noted there was also a cost sharing program for law enforcement between Ely and White Pine County. He believed that the County had assumed more than its fair share and now they wanted to give a portion back to the City of Ely. Commissioner Russell inquired what the total budget was for Ely. Andrew List could not answer that question.

Andrew List noted the NACO conference would be coming up. He stated that the new Prescription Drug Program was coming up wherein they could save up to 20% on prescription drugs. He reported the NACO conference would be held in Winnemucca.

Joe Guild, Elko County Lobbyist, thanked the Commission for allowing him to work with and for them. He stated the guidelines set back in January, wherein he would deal directly through Cash Minor or Rob Stokes became a good line of communication. He was able to converse with some of the Commissioners in Carson City which made an easy working relationship. Joe Guild discussed the recent legislative session and special session inclusive of SB 38, the sales tax adjustment bill, which redistributed the sales tax within the County. He felt this was the biggest issue for Elko County during the last session. He noted that there was a team effort between him and the City of Elko’s lobbyist, Mary Walker, to draft the legislation. Joe Guild stated Senator Rhoads and Assemblyman Carpenter helped drive the bill. He reported that testimony was given from the entities which aided with the passage of the bill. Joe Guild publicly thanked the Commission, Senator Rhoads, and Assemblyman Carpenter for their cooperation.

Joe Guild commented that AB 407 would impact the County because it would require a judicial review prior to the impoundment of livestock by an agency. He felt that may be challenged by federal government or an agency seeking impounding authority. He felt a due process requirement was an important statement for the State to make for the constituents in the ranching business.

Joe Guild commented that SB 526 gave funding to various special interests. He stated three million was given to the rural and the blighted areas for economic development. He noted Senator Titus wanted it for rural development only but it morphed into the blighted areas. He stated the Port of Elko bill would benefit the County. Joe Guild stated Assemblyman Carpenter and Senator Rhoads were very active on the SB 526 bill. Joe Guild noted Commissioner Russell gave testimony to the committee. He stated it was helpful to have the testimony from the elected officials. Joe Guild reviewed the draft bill supported by Assemblywoman Pierce to require landfills to have liners which would negatively impact the City of Elko’s landfill used by the County. He stated that there was a lack of awareness of individuality of each County. Joe Guild commented that SB 396 allowed the State Director of Natural Resources to make a recommendation on a case by case basis whether there was a need for a manmade liner or not.

Joe Guild stated the Department of Agriculture sponsored a bill to guarantee confidentiality for farmers and ranchers but the majority leader from Las Vegas did not understand the confidentiality. He stated they modified the bill somewhat.

Joe Guild stated staff researched the water issues and they found that there was a statute that allowed counties and local governments to protect any water rights they have. He commented that Senator Rhoads had sent a letter to every County Commission asking them to explore the possibility of counties acquiring the water rights. He stated SB 62 created the one million technical assistance grants to local government to help protect their water rights.

Joe Guild believed there were changes coming forth in the State of Nevada especially with term limits coming into effect after the next election. He urged them to have a continuing relationship with those past legislators. He commented that during the next legislation they would have a female Speaker of the House. He noted they may have their first female Governor after the next election. Commissioner Ellison stated he seen a lot of freshmen during the last legislative session. He felt they may lose their history. He stressed it was important to maintain a lobbyist next year. He commented that they did take into consideration the clay base for the City of Elko with regards to the landfill liner bill. Commissioner Nannini publicly thanked Joe Guild for all his efforts especially since they hired him at the last minute. He hoped to keep Joe on board.

Commissioner Myers noted when Commissioner Nannini stepped down Elko County would lose a lot of history. Commissioner Myers expressed his appreciation of Joe Guild for his efforts on behalf of Elko County. He stated it gave them more contacts than what were open to them before. Joe Guild noted that part of the team effort was working with NACO. He stated Andrew List helped him to come up to speed. He noted rural counties work together. Commissioner Eklund-Brown expressed her appreciation to Joe Guild for his lobbying efforts. She noted that there were issues regarding the dual representation for SNWA. Commissioner Eklund-Brown noted that Elko County had disclosed that Joe would not represent them upon water before going into the session. She commented that they had accomplished a lot with their lobbyist, congressional delegation, Mary Walker and ECEDA. Commissioner Russell felt Joe Guild was worth more than what they paid him. He felt Joe’s contacts in the legislature were valuable and noted his services complimented what the other lobbyists were doing for rural Nevada.

ELKO COUNTY WATER RESOURCE ISSUES:

Commissioner Russell discussed water resource management issues that may impact Elko County, together with matters relating to the Southern Nevada Water Authority pipeline project. He noted the County Manager had taken the step to accept Southern Nevada Water Authority offer. He felt they should appoint two Commissioners to respond to that offer for an agreement and/or negotiations.

Commissioner Russell recommended that he and Commissioner Eklund-Brown work on that response with the County Manager. Commissioner Eklund-Brown inquired if this had already gone out. Commissioner Myers inquired if he was talking about the agreement from SNWA. Commissioner Russell was looking at a formal committee to review that agreement and respond to that agreement. He stated it would take approval by the full board of County Commissioners.

Commissioner Ellison felt Commissioners Eklund-Brown and Russell were already given that authority. Commissioner Myers noted he signed a letter requesting copies of the Southern Nevada Water Authority’s agreement with other entities. He stated once that information come in it would be distributed to Commissioners Russell and Eklund-Brown. Commissioner Russell understood that it was authority to negotiate with final approval by entire board of County Commissioners. He noted if that was their intent, then they would move forward.

Commissioner Eklund-Brown commented that Commissioner Russell also wanted to attend the water conference in Las Vegas.

Grant Gerber stated he did not have a chance to get together with the members of the Nevada Bucket Brigade. He was not one of the Directors of the Bucket Brigade. He voiced concern about the meeting that SNWA attended. He was pleased that they were addressing the issues. However, he felt that meeting left some legal questions in his mind. He questioned how SNWA could bind anybody. He did not think that SNWA could bind Las Vegas, Clark County and certainly not the State of Nevada. Grant Gerber questioned the value of any agreement entered into between Elko County and SNWA. Grant Gerber felt that the District Attorney might want to look at the authority of the SNWA and how much they could bind the others. Grant Gerber inquired what the underlying penalties were if the SNWA did not abide by the Agreement. He stated if they start the pipeline north and the agency became defunct, then that piece of paper would be worthless. He noted that he had previously spoken to Commissioner Russell about protecting themselves through a lien against everything they own. Therefore, if SNWA adversely affected them they could shut everything down. Grant Gerber stated he would like to see a regional water authority involved. He noted the pipeline was designed to go into White Pine County and he did not feel a lot of people there wanted it. He felt they were good neighbors and he would like Elko County to protect their neighbors. He volunteered his help. Grant Gerber stated they had information on Owens Valley. Commissioner Russell recognized the similarities between the Humboldt River Basin Water Authority and the Southern Nevada Water Authority. He felt that there could be a performance bond issued to give the Agreement more authority.

Grant Gerber noted this Agreement may not be worth much in twenty years. Commissioner Myers stated the Commission had discussed this earlier and they had to look out for Elko County. He stated Elko County would look at what the SNWA were doing. He stated they were concerned with the partners in the regional coalition. Commissioner Myers stated they would support Eureka and White Pine County regardless if they accept the agreement.

Commissioner Eklund-Brown noted they could only obligate this board so far into the future. She stated that Ursula Powers-Sindlinger submitted information to them. Commissioner Eklund-Brown stated she and Commissioner Russell would go to the Western Water Law Conference and the SNWA offered a tour of their facilities. Grant Gerber agreed that tours would be very wise. He stated Dean Baker and Demar Dahl wanted to take a tour of the region. He felt they should view that area to see if there may be an impact to ranchers, farmers and cities. Grant Gerber offered the Bucket Brigade’s help. He stated the agreement signed by SNWA may not have much power.

Commissioner Ellison felt it was great that Mr. Gerber brought his questions forward. He noted there was one million acres just lost and asked him to look into that. Grant Gerber stated a Judge did that. He noted that would impact the people up North. Commissioner Nannini believed that was just the start. Grant Gerber believed the Western Watershed organization would work on down and that would have a major impact upon them. He suggested that the economic impact should be looked at. He felt the ranchers on the Elko side and Idaho side should be reviewed because there would be an economic impact to them. Commissioner Nannini noted the family ranchers in Idaho were concerned. Commissioner Ellison requested it be on the next agenda for an update. Commissioner Russell stated the Western Water Law Conference would be held in Las Vegas in September. He felt that the pipeline would be a bigger impact and effect to different states. Commissioner Russell felt they should encourage Southern Nevada to find other solutions that would include negotiations with other States.

Regional Water Authority Coalition:

The Board discussed Elko County participation in a regional water authority coalition that may include Nye, White Pine, Eureka, Esmeralda, Lander and Elko Counties that would work to address water issues and needs affecting central and northeastern Nevada.

Commissioner Eklund-Brown stated she and Kristin McQueary submitted amendments to the agreement but not all amendments were included in the revision. Kristin McQueary stated they could sign the agreement but it would have to be brought back in Ordinance form and set up along the same lines as PLUAC.

Commissioner Eklund-Brown noted minor changes were suggested by her and Kristin McQueary. Kristin McQueary stated that these were multi jurisdictional groups. She cautioned that budgeting should be considered and commented that they had the ability to hire their own legal counsel. She noted that for legal counsel this Board came to her but the coalition could hire an attorney, which would be considered their own attorney.

Commissioner Russell noted funds were available to do water studies and the purpose of the water authority was to develop data and information to better understand the relationship between basins and to provide useful information for counties to make water planning decisions. He noted that there were people looking at the State Water Fund of $500,000 funding for each year for the next two years. He stated they would develop proposals for the benefit of Elko County as well as the other counties. Commissioner Russell noted as an authority they could acquire some of that water funding. He recommended approval of Elko County’s participation.

MOTION: Commissioner Russell move to approve Elko County participation in the regional water authority coalition that may include Nye, White Pine, Eureka, Esmeralda, and Lander counties. Commissioner Nannini seconded the motion. The motion was passed unanimously.

Commissioner Russell recommended that they designate him and Commissioner Eklund-Brown to be on the water authority with an alternate. Commissioner Nannini suggested they continue on.

MOTION: Commissioner Russell moved that Commissioners Russell and Eklund-Brown represent the County on this Authority and they would seek a third member alternate. Commissioner Eklund-Brown seconded the motion. The motion was passed unanimously.

ELKO COUNTY JUVENILE PROBATION DEPARTMENT:

Cash Minor commented that Pat Plaster was on vacation but had submitted a written report on the Juvenile Probation Department issues including the Juvenile Detention and Juvenile Probation Monthly Report.

SHERIFF'S DEPARTMENT:

Sheriff Neil Harris discussed Sheriff Department issues and concerns including operational reports and statistical information. He submitted a print out of a comparison for the first six months of last year compared to this year. He reported upon the number of arrests and commented that the population base was going up. He reviewed the 83 average for the previously six months of last year compared to the average of 98 for the first six months in 2005. He reported the number of bookings in 2004 was 1740 and in 2005 the number was 1792. Commissioner Eklund-Brown asked about the types of crimes. Sheriff Harris stated it included cases from homicides to jay walking. He noted robberies and burglaries had rose in numbers. Commissioner Ellison noted the recent accidents involving vehicles and an airplane. Sheriff Harris stated that if this trend continues he would be requesting more manpower next year. Sheriff Harris reported that his two detectives were backlogged. Commissioner Russell noted they were given new vehicles. Commissioner Eklund-Brown noted every time there was growth this was one of the departments that suffered. Sheriff Neil Harris noted the public safety departments were always the last to catch up. Sheriff Harris noted that when the population base raised so did the crime. Commissioner Ellison inquired if Sheriff Harris could e-mail this report to Michele to be placed on the computer. Cash Minor replied in the affirmative.

Commissioner Nannini inquired about the communication issue. Sheriff Neil Harris stated they were moving forward and still trying to put together a five County coalition. He had spoken to Mark Blomstrom who was the Head of DOIT. He would like to have Robert Stokes, Cash Minor, and one of the Commissioners attend a meeting on the 18th of August in his office with Mark to discuss the coalition of five counties. He noted that there was concern on the billing from DOIT for the past year. Commissioner Neil had not received any answers from DOIT regarding the billing. He had addressed a letter to the County Commissioner on this issue.

Commissioner Eklund-Brown noted that Bill Webb requested a grant from Homeland Security for mountain top repeaters. Sheriff Neil Harris noted that money was set aside in LEPC and he did not know why Bill would be applying for money. Commissioner Eklund-Brown commented that she asked that Randy Brown submit a memo regarding his department also being R56. She felt they needed to coordinate this among the departments countywide so that they were using the compatible radios to be on the same system. Sheriff Neil Harris spoke about the previous presentation made by McIntosh. He stated McIntosh wanted to have all five counties’ public safety agencies, the highway and their public works on the same system.

Sheriff Harris requested that the Juvenile Task Force be placed upon the first week in September for a presentation regarding juvenile crime in Elko County.

Chairman Myers called the Liquor Board to order at 2:53 p.m. and adjourned the meeting at 2:54 p.m.

ELKO COUNTY ASSESSOR’S OFFICE:

The Board considered approval of Resolution 14-2005, entitled, A RESOLUTION CLOSING THE ELKO COUNTY ASSESSOR’S PETTY CASH ACCOUNT AND THE REVOLVING CHECKING ACCOUNT FOR PERSONAL PROPERTY TAX COLLECTIONS.

Cash Minor noted that since the Treasurer’s Office was taking over collection of the personal property taxes there was no need for the Assessor’s petty cash account or the checking account wherein personal property taxes were collected. Commissioner Eklund-Brown inquired if this was one of the accounts the auditors had advised them to close and received a negative response from Cash Minor.

MOTION: Commissioner Eklund-Brown moved to approve Resolution 14-2005, entitled, A RESOLUTION CLOSING THE ELKO COUNTY ASSESSOR’S PETTY CASH ACCOUNT AND THE REVOLVING CHECKING ACCOUNT FOR PERSONAL PROPERTY TAX COLLECTIONS. Commissioner Ellison seconded the motion. The motion was passed unanimously.

Chairman Russell called the Board of Elko County Highway Commissioners to order at 2:56 p.m. and temporarily adjourned the meeting at 3:10 p.m.

ELKO COUNTY CODE:

Second Reading Public Hearings:

County Treasurer Authorization to Collect Personal Property Taxes: Pursuant to NRS 244.100.1 and Notice 20-2005, the Board conducted a public hearing and consider adoption of Ordinance 03-2005 entitled: AN ORDINANCE ADDING CHAPTER 5 TO TITLE 11 OF THE ELKO COUNTY CODE, TO ALLOW THE ELKO COUNTY TREASURER TO COLLECT PERSONAL PROPERTY TAXES, AND ALL OTHER MATTERS PROPERLY RELATED THERETO. NRS 361.5605 provided authority for the County Treasurer to collect personal property taxes.

Chairman Myers asked for public comment. No public comment was submitted.

MOTION: Commissioner Eklund-Brown moved to approve the adoption of Ordinance 03-2005, entitled: An Ordinance adding Chapter 5 to Title 11 of the Elko County Code to allow the Elko County Treasurer to collect personal property taxes. Commissioner Russell seconded the motion. The motion was passed unanimously.

County Assessor Technology Fund:

Pursuant to NRS 244.100.1 and Notice 21-2005, the Board conducted a public hearing and considered adoption of Ordinance 02-2005 entitled: The Fund for the Acquisition and Improvement of Technology in the Office of the County Assessor. NRS 250.085 provided authority for the creation of a technology fund for the County Assessor’s Office.

Chairman Myers asked for public comment. No public comment was submitted.

Commissioner Ellison noted he opposed it in the last discussion.

MOTION: Commissioner Russell moved to adopt Ordinance 02-2005. Commissioner Nannini seconded the motion. Commissioner Russell amended his motion to adopt Ordinance 02-2005, entitled: The Fund for the Acquisition and Improvement of Technology in the Office of the County Assessor. Commissioner Nannini seconded the amended motion. Commissioners Russell, Nannini, Eklund-Brown and Myers voted aye. Commissioner Ellison opposed. The motion was passed by majority vote.

Commissioner Eklund-Brown asked that he state his reasons. Commissioner Ellison stated he did not believe this was a fund that should be collecting taxpayers’ monies.

Chairman Myers called a recess 3:13 and reconvened the meeting at 3:22 p.m.

ELKO COUNTY DEPUTY SHERIFF’S ASSOCIATION:

The Board considered approval of the stipulated arbitration award in the matter of Kenya Truxal in the amount of $85,254.45 inclusive of back pay and PERS reimbursement contingent upon signature of the appropriate documents.

Kristin McQueary noted she had provided them a copy of the letter from Thomas Beko wherein the stipulated settlement was $85,254.45 and that amount would be cut in a payroll check form with the payroll deductions. She stated the PERS was a separate amount of money in the amount of $75,250.47. She noted this went to arbitration and this would not affect the two other pending actions. However, it would affect their ability to adequately defend those in a positive manner. She stated that this would end the arbitration. Kristin McQueary stated Mr. Beko did not want any check cut or vacation time credited back until Mrs. Truxal signed the Stipulation Agreement. Kristin McQueary commented that in the Agreement the County would be responsible in the amount of $85,254.45, plus reinstatement of sick leave and vacation time, uniform allowance, together with the PER’s contribution in the amount of $75,250.47 contingent upon Ms. Truxal signing the Stipulation Agreement and Release.

Paul Truxal stated Kenyal had signed the agreement and Mr. Beko had that agreement. Kristin McQueary stated she would confirm that with Tom Beko.

Commissioner Myers noted they could approve it, and once Kristin McQueary had the documents, then the checks could be cut.

MOTION: Commissioner Ellison moved that the County pay the $85,254.45 for back pay, uniform allowance and the County will reinstate the sick and vacation hours. The County will make the PERS’ contribution based upon her salary.

The motion died due to lack of a second.

MOTION: Commissioner NANNINI moved to approve everything that Kristin said. The motion died due to lack of second.

MOTION: Commissioner Eklund-Brown moved for approval of the stipulated arbitration award in the matter of Kenyal Truxal in the amount of $85,254.45 inclusive of back pay, plus reinstatement of sick and vacation hours, with PERS reimbursement, a separate item based upon her salary amount, and contingent upon the signatures of the appropriate documents. Commissioner Ellison seconded the motion. The motion was passed unanimously.

Kristin McQueary would contact Mr. Beko tomorrow morning.

FISCAL YEAR 2005/2006 BUDGET:

Public Defender Dept. Head Position:

Cash Minor asked that they table the discussion on the approval of salary adjustment for the Public Defender Department Head position.

Road and Assistant Road Supervisor Request:

Cash Minor asked that they table the request for reevaluation of salary increases for both the Road and Assistant Road Supervisor positions.

Cash Minor requested this to be tabled because he did not have time to put the comparable information together.

City of Wells:

Cash Minor discussed a request to advance funding of $60,000 (scheduled for FY 06-05 Budget) from the Capital Projects Fund for a joint City / County Road Project. He stated Commissioner Nannini requested this agenda item. He stated they budgeted $30,000 for this year with the intention of budgeting $30,000.00 during next year. However, there were a lot of construction companies within the Wells area and it was asked if they could advance the $60,000 earlier than next year’s budget session.

Cash Minor proposed that they make the contribution out of the Capital Projects Fund and budget to replace the money in the next budget year. Commissioner Eklund-Brown inquired if this was for Shoshone Avenue and received an affirmative response.

MOTION: Commissioner Nannini moved to advance funding of $60,000.00 from the Capital Projects Fund for a joint City/County Road Project. Commissioner Ellison seconded the motion. The motion was passed unanimously.

Chairman Russell reconvened the Highway Board at 3:30 p.m. and adjourned the Highway Board at 4:28 p.m.

NEVADA BUREAU OF COMMUNITY HEALTH:

Community Health Nursing:

The Board considered approval of an Interlocal Contract between the State Health Department and Elko County for Public Health Services.

This contract covered the County and the State during the restructuring of public health services in Elko County. The new Elko Family Medical and Dental Center located at the “old Elko Clinic” would provide the direct (clinical) public health services and the State Public Health Nurse would provide other non-direct public health services. This contract differed from the previous contract in that the County would not pay any monies to the State Health Department this year, but would continue to provide office space for the public health nurse position. The County has a financial arrangement with Nevada Health Centers to provide health services in the County.

Cash Minor noted this was a zero dollar contract. He stated they would be closing down Public Health on September 1, 2005. Cash Minor stated the County did agree to provide office space for the State Nurse position which would temporarily be in the law library area until an office was available at the medical clinic.

MOTION: Commissioner Ellison moved to approve an Interlocal Contract between the State Health Department and Elko County for Public Health Services. Commissioner Nannini seconded the motion. The motion was passed unanimously.

COMMENTS BY THE GENERAL PUBLIC:

Commissioner Ellison commented that Dan Dallas would be going to Africa for a couple of weeks. Dan Dallas stated he would be leaving the second week in September and would be gone for three weeks.

VOLUNTARY EARLY SEPARATION FROM EMPLOYMENT INCENTIVE:

The Board considered an early separation from employment proposal for Margaret Boston, Public Health Nurse.

Public health patient services would be transferred to the Nevada Health Center Inc., and the Elko Family Medical and Dental Center located at the “old Elko Clinic” along with Medicare/Medicaid services. The County’s Public Health Office at the Courthouse Complex would be phased out with no loss in patient services. This proposal would provide Ms. Boston an early separation payment which was covered by the budget and in line with previous County policy regarding early separation from employment due to departmental restructuring.

Cash Minor noted there was money budgeted and this action was in line with prior practice.

MOTION: Commissioner Nannini moved to approve the early separation for Margaret Boston. Commissioner Ellison seconded the motion.

Commissioner Ellison inquired if same as the salary budgeted. Cash Minor replied that money was available in the budget for the Public Health Nurse buyout.

HOSPITAL POLLUTION SELF-INSURANCE FUND -1998:

The Board considered approval of Resolution 15-2005, entitled: A RESOLUTION PROVIDING FOR THE CLOSURE OF THE FUND ENTITLED HOSPITAL POLLUTION SELF-INSURANCE FUND - 1998. This fund was created as part of the Hospital sale in 1998. Pursuant to Resolution 58-98, this fund closed June 12, 2005 and the remaining resources of the fund returned to the Hospital Sales Proceeds - 1998 Fund.

Kristin McQueary stated because of recent events, she asked it to be tabled.

MOTION: Commissioner Ellison moved to table Resolution No. 15-2005, entitled, A RESOLUTION PROVIDING FOR THE CLOSURE OF THE FUND ENTITLED HOSPITAL POLLUTION SELF-INSURANCE FUND - 1998. Commissioner Nannini seconded the motion.

Commissioner Russell felt that they should close that fund because it would be a target for people looking for funds.

Commissioner Myers felt this would be placed upon the meeting agenda for the first week in September.

The motion was passed unanimously.

COMMISSION MEETING CALENDAR:

August 3 & 4, 2005 - 1:30 p.m. - Elko - Courthouse.

August 17, 2005 - 7:00 a.m. - Jarbidge & Jackpot.

September 7 & 8, 2005 - 1:30 p.m. - Elko - Courthouse.

September 21, 2005 - Montello and West Wendover.

MOTION: Commissioner Ellison moved to approve the Commission meeting calendar. Commissioner Nannini seconded the motion. The motion was passed unanimously.

CORRESPONDENCE, ACKNOWLEDGMENTS AND NOTICES:

There was no discussion held upon the correspondence and notices received by the Commission.

CONSENT AGENDA:

Approval of Claims:

Presentation and review of claims for approval.

Approval of Travel Requests:

Review and approval of travel requests that may be pending.

Sexual Assault Application for Assistance:

The District Attorney’s Office recommended approval of applications numbered 2005-G, 2005-H, and 2005-M by the Board of County Commissioners.

Human Services Department:

Approval of step increases for Sheriff’s Employee Association Bargaining Unit, effective August 1, 2005: Kevin McKinney, and Adrienne Brensel.

MOTION: Commissioner Russell moved to approve the consent agenda items. Commissioner Nannini seconded the motion. The motion was passed unanimously.

COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS:

Commissioner Russell appreciated the staff’s work on updating his lap top and preparing the procedure.

Commissioner Eklund-Brown thanked staff for a great County picnic and congratulated Cash Minor on his efforts as Assistant Manager.

Kristin McQueary thanked the County Commission for the steak, and commented that the steaks were excellent.

ADJOURNMENT:

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

There being no further action to come before the Board, the meeting was adjourned.

APPROVED,

CHARLIE MYERS, Chairman

ATTEST:

MARILYN TIPTON, Deputy Clerk

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