Elko County Board of Commissioners

Transcription

1 Elko County Board of Commissioners Commissioners Delmo Andreozzi Demar Dahl Cliff Eklund Glen Guttry Rex Steninger Elko County Manager Robert K. Stokes STATE OF NEVADA ) COUNTY OF ELKO ) ss. January 6, 2016 The Board of Elko County Commissioners met in regular session on Wednesday, January 6, 2016, at 1:30 p.m., in Suite 102 of the Nannini Administrative Building at 540 Court Street, Elko, Nevada. There were present: County Commissioners Demar Dahl Delmo Andreozzi Glen Guttry Cliff Eklund Rex Steninger County Manager Robert Stokes CFO/Asst. County Mgr. Cash Minor NRMAC/Asst. Mgr. Randy Brown Deputy District Attorney Kristin McQueary Deputy Clerk Marilyn Tipton Undersheriff Clair Morris Library Director Jeanette Hammons Ambulance Director Chris McHan Chairman Dahl called the meeting to order at 1:30 p.m. Commissioner Guttry led the meeting participants in the Pledge of Allegiance. 1:30:41 PM: I. COMMENTS BY THE GENERAL PUBLIC: No public comments were submitted PAGE 1

2 1:31:06 PM: II. CLAUDIA WINES NORTHEASTERN NEVADA MUSEUM & HISTORICAL SOCIETY: Discussion and consideration of approval of a Certificate of Appreciation to Claudia Wines for her work as the Executive Director at the Northeastern Nevada Museum & Historical Society. Chairman Dahl disclosed Claudia was his sister. MOTION: Commissioner Andreozzi moved to approve a Certificate of Appreciation to Claudia Wines for her work as the Executive Director at the Northeastern Nevada Museum & Historical Society and give her a hearty thank you for her sincere efforts and work for preserving our history here in Northeastern Nevada. Commissioner Guttry seconded the motion. Commissioner Andreozzi, Guttry, Eklund, Steninger voted aye. Commissioner Dahl abstained. The motion passed by majority vote. Commissioner Andreozzi presented the plaque to Claudia Wines. 1:37:52 PM: III. ORGANIZATION OF BOARDS: A. Commission Chair and Vice-Chair (Currently Demar Dahl and Glen Guttry). Commissioner Eklund commended Dahl for his leadership as Chairmanship of this Board. MOTION: Commissioner Eklund moved to appoint Commissioner Guttry as Chairman. Commissioner Steninger seconded the motion. The motion passed unanimously. Chairman Dahl relinquished control of the meeting to the new Chairman Glen Guttry. Chairman Guttry assumed control of the meeting and publicly thanked Commissioner Dahl for being an inspirational leader during the year. MOTION: Commissioner Andreozzi moved to appoint Commissioner Eklund as Vice-Chairman. Commissioner Dahl seconded the motion. The motion passed unanimously. B. Highway Board Chair and Clerk (Currently Glen Guttry and Delmo Andreozzi) MOTION: Commissioner Eklund moved to appoint Commissioner Guttry as Highway Board Chair and Commissioner Andreozzi as Highway Clerk. Commissioner Dahl seconded the motion. The motion passed unanimously. PAGE 2

3 C. Liquor Board Chair (Normally Commission Chair) MOTION: Commissioner Andreozzi moved to appoint Commissioner Guttry as the Liquor Board Chairman. Commissioner Eklund seconded the motion. The motion passed unanimously. 1:38:45 PM: IV. COMMISSION BOARD ORGANIZATION ASSIGNMENTS: A. Hospital Board member Currently Delmo Andreozzi Commissioner Andreozzi requested that he stay with his current assignments. MOTION: Commissioner Steninger moved to appoint Commissioner Andreozzi as the Hospital Board liaison. Commissioner Eklund seconded the motion. The motion passed unanimously. B. Recreation Board member Currently Glen Guttry Chairman Guttry volunteered to continue upon this board. MOTION: Commissioner Steninger moved to appoint Commissioner Guttry as the Recreation Board liaison. Commissioner Eklund seconded the motion. The motion passed unanimously. C. Elko Convention and Visitors Authority Board (ECVA) member Currently Delmo Andreozzi MOTION: Commissioner Eklund moved to appoint Commissioner Andreozzi as the Elko Convention and Visitors Authority liaison. Commissioner Steninger seconded the motion. The motion passed unanimously. D. Museum Board member Currently Delmo Andreozzi MOTION: Commissioner Eklund moved to appoint Commissioner Andreozzi as the Museum Board Member. Commissioner Steninger seconded the motion. The motion passed unanimously. E. NACO Board of Directors member Currently Demar Dahl Commissioner Eklund believed Commissioner Dahl did a great job representing Elko County at the NACO Board. MOTION: Commissioner Eklund moved to appoint Commissioner Dahl as the NACO Board of Directors member. Commissioner Andreozzi seconded the motion. The motion passed unanimously. PAGE 3

4 F. Adjustment to other Board Assignments as listed in Commission and Committee Reports Section of the agenda as deemed appropriate by the Commission. Current assignments: 1. Demar Dahl, District 1 Commissioner Commission Chair / Liquor Board Chair, Wells, West Wendover, Jackpot, Montello, Owyhee, Mt. City, Jarbidge Liaison, Nevada Association of Counties (NACO) Board, NACo WIR Board, Central Nevada Regional Water Authority (CNRWA), Humboldt River Basin Water Authority, USFS / BLM Liaison, American Lands Council / Western Counties Alliance. 2. Delmo Andreozzi, District 2 Commissioner Highway Board Clerk, Nevada Department of Transportation (NDOT) Liaison, Auditorium Authority Board (ECVA), Hospital Board, Elko City Liaison, Museum Board, Regional Transportation Commission (RTC), Railport Committee. 3. Glen Guttry, District 3 Commissioner Commission Vice-Chair, Highway Board Chair, Recreation Board, Railport Committee, Humboldt River Basin Water Authority, Elko Senior Activity Programs Board Liaison, Budget Committee, Veteran s Affairs, Northeastern Nevada Regional Development Authority (NNRDA), Sheriff Department Liaison / LEPC Liaison, Fire District Committee. 4. Cliff Eklund, District 4 Commissioner Regional Transportation Commission (RTC), Carlin, Midas, & Tuscarora Liaison, Spring Creek Association Alt Liaison, Budget Committee, California Trails Center Board Liaison, Northeastern Nevada Stewardship Group, Juvenile Department Liaison / China Spring Advisory Committee, Library Board of Trustees Liaison, School District Liaison / CIS Communities in Schools, Nevadaworks, Debt Management Commission. 5. Rex Steninger, District 5 Commissioner Spring Creek Association Liaison, TeMoak Tribe of Western Shoshone Indians Liaison, Shoshone-Paiute Tribes of Duck Valley Liaison, Northeastern Nevada Regional Development Authority, Alt. (NNRDA), Natural Resource Management Advisory Commission Liaison, Fire District Committee, American Lands Council Alt Liaison, Sage Grouse Pilot Project, Elko County Conservation Districts PAGE 4

5 Liaison, Wildlife Chair / Wildlife Advisory Board / Nevada Division of Wildlife Liaison. Commissioner Steninger suggested everyone stay upon the same board except for the Liquor Board. MOTION Commissioner Eklund moved that upon Agenda Item F Items 1, 2, 3, 4, and 5 that we hold the assignments that we currently hold and remain the same except for the Liquor Board to change to Chairman Guttry. Commissioner Steninger seconded the motion. The motion passed unanimously. 1:42:55 PM: V. OTHER APPOINTMENTS: A. Elko County Natural Resource Management Advisory Commission: Appointment of two members with a term expiring December 31, Teresa Conner and Craig Spratling request reappointment for another term. MOTION: Commissioner Eklund moved to reappoint Teresa Conner and Craig Spratling to the Elko County Natural Resource Management Advisory Commission for a term expiring December 31, Commissioner Dahl seconded the motion. The motion passed unanimously. Commissioner Andreozzi thanked all the volunteers that serve upon these boards. B. Elko County Planning Commission: Appointment of four members with a term expiring December 31, Jack Larason, David Hough, Dena Hartley and Richard Genseal request reappointment for another term. MOTION: Commissioner Dahl moved to reappoint Jack Larason, David Hough, Dena Hartley and Richard Genseal for another term to the Elko County Planning Commission expiring December 31, Commissioner Eklund seconded the motion. The motion passed unanimously. C. Elko County Library Board of Trustees: Appointment of one member with a term expiring December 31, Lane Diedrichsen requests reappointment for another term. MOTION: Commissioner Steninger moved to reappoint Lane Diedrichsen for another term expiring on December 31, Commissioner Dahl seconded the motion. The motion passed unanimously. PAGE 5

6 1:45:02 PM: VI SCHEDULE OF MEETINGS: Discussion, consideration and approval of the 2016 Meeting Schedule for the Elko County Commission. MOTION: Commissioner Andreozzi moved to approve the 2016 Meeting Schedule for the Elko County Commission. Commissioner Eklund seconded the motion. The motion passed unanimously. 1:45:49 PM: VII. NEVADA OUTDOOR SCHOOL: Consideration of a request for $15,000 in 2016 Fiscal Year funding and/or other options to support the Nevada Outdoor School Program that provides outdoor education opportunities to children. Melanie Erquiaga thanked them for their discretionary funding of $1,000 which was carried over into this next funding year. She inquired if they received a copy of their budget they submitted and received an affirmative response. She stated since 2003 NOS has provided high quality outdoor education programing for youth and adults across Northern Nevada. She reported last year they took over 5,000 kids outside and traveled around the state talking with over 1,600 people about responsible outdoor recreation including ATV safety which they provide. Melanie Erquiaga stated their community programs reaches out to all ages. She reported NOS also manages the AmeriCorps State Grant for northern Nevada, placing service providers and other nonprofits across the State. Melanie Erquiaga stated they were committed to their communities and relies upon community and State support to offer their programs for free or at a very low cost. She noted negotiation with the Forest Service for office space fell through and the City of Elko gave them office space at their Recreation Department. She stated they would be also be doing some of the City s Recreation Department programming this summer. Melanie Erquiaga stated they were asking the County to fund a full time AmeriCorps position here to get their education programs up and off the ground in the area. She explained the AmeriCorps program had national service members who serve for a year with a low living stipend and receive an education award at the end of their year of service. She stated a full time member may receive approximately $6,000 in an education award. Melanie Erquiaga stated if the County was to be a host site the fee they charge was $7,800 for a full time member for a year. She stated in addition she was asking for additional support in the way of vehicles, fuel for travel back and forth to Winnemucca for training. She stated today with her was their Education Director Meagan Allen and their Outreach Director, Season Riley. Melanie Erquiaga stated Season was based out of Elko and would be serving as PAGE 6

7 a supervisor in the Elko Office as the Outreach Director and to help to find funding for them. Commissioner Andreozzi inquired if the budget prepared was for local operations in Elko and was the expenditures proportionate. Melanie Erquiaga stated the budget was localized for Elko and their total budget for operations was $650,000. She stated with the Elko operations they anticipated $100,000. Commissioner Andreozzi inquired if there had been any other efforts such as with the School District. Melonie Erquiaga stated she would go before the School District next month and they would have to be a financial resource for them. She noted in Winnemucca they started not charging for their programs and field trips to the School District but that was based upon finding successful funding to keep them sustainable. She believed in the future may have to charge fees for their programs but they do not want to place the burden upon the teachers to go to their classrooms. She felt the School District rather than the teachers should fund them to come into the classrooms. Commissioner Andreozzi inquired if she was successful in getting additional funding would that reduce their request of $15,000 from the County. Melanie Erquiaga stated even with the $15,000 it would still make them short $25,000 to continue operations. Commissioner Andreozzi inquired if there was cooperation with the UNR Cooperative Extension because some of their education components seemed similar. Melanie Erquiaga stated there was no current partnership. She stated with the USDA they have some programs through the Forest Service based upon youth outdoor education. Commissioner Steninger inquired if they took 5,000 kids out with the budget of $100,000. Melanie Erquiaga clarified the $100,000 was not for 5,000 kids within Elko County. She stated 5,000 kids were state-wide. She stated the $100,000 was to place an office in Elko and as they continue to add positions the budget would go up. Commissioner Steninger commented when the County committed the $1,000 it was with the thought their request would go before the Budget Committee. Chairman Guttry stated the Budget Committee would have to look at this and they would start the budget meetings in February and funding would depend upon revenues. PAGE 7

8 Commissioner Guttry inquired if they have 28 members within the State that makes $7,800 per year. Melanie Erquiaga stated the $7,800 was the cost to the organization to have a member come in and what they actually make was about $14,000 per year. She stated they do live at the poverty level which was the design of the AmeriCorps Program. Commissioner Dahl inquired if some of them were part-time people. Melanie Erquiaga stated some were part-time but $14,000 was for a fulltime position. She noted they have some part-time and summer time members who serve no more than 3 hours per day. MOTION: Commissioner Andreozzi moved that we refer this request for $15,000 in 2016 Fiscal Year funding and/or other options to support the Nevada Outdoor School Program to the budget committee for further review and consideration. Commissioner Eklund seconded the motion. The motion passed unanimously. 1:57:24 PM: VIII. ELKO COUNTY LIBRARY BOARD OF TRUSTEES: Report and review of Board of Trustees activities and minutes including issues related to the operation of the County Library. Jeanette Hammons, Library Director, stated there was nothing to report for the Law Library. She reported in December for youth programing and services they held 43 programs with 2,099 participants; a good portion of that was the outreach programs. She stated the youth services librarian participated with the Festival of Trees fund raiser by holding 19 story times within two days with 1,226 participants from thirteen elementary school groups, a charter school group, and five preschool groups attending. Jeanette Hammons stated they had 13 volunteer hours during December, with their Early Learning Computers they had 199 sessions and on their After School Edge Tablets there were 23 sessions. She reported they had 17,185 visitors and their circulation was 12,579. She stated the meeting room had 33 meetings with 429 participants. Jeanette Hammons reported they had 1,279 internet sessions in Elko. She commented they had 213 tags on the sugar plum tree this year and 212 of the tags were selected by community members so the library staff addressed the last tag. She commended the community for their response. She reported they collected 842 pounds of food in November and December through waiving of up to $10.00 worth of fines for the Salvation Army. She commented some Elko members dropped off food even though they had no overdue fines. Jeanette Hammons stated for the branches they had 2,866 visitors and the circulation was 4,760 items among the branches. She stated the branches internet use was 918 sessions and those numbers were down because Carlin s internet was down for a few days. She reported their January activities would be the regular programs PAGE 8

9 including story times, Game Time Thursdays, Teen Book Club and After School Crafts. She stated they finished interviews for the children s librarian and hoped to have that position by next month. She stated they were accepting entries for the 2016 Lego Creations Contest from January 11 th through the 23 rd of January. She stated the voting would take place from January 25 th through the 28 th of January. Jeanette Hammons stated the first and second place winners would receive gift certificates from the Bookstore. She reported the Adult Spelling Bee would be January 16 th at 1:00 p.m. and there was a $10 registration fee. She stated the winner would receive $100 with the remaining funds to be used to buy supplies and materials. She stated the Family Workshop was scheduled for January 25 th at 6:00 p.m. Jeanette Hammons stated the Friends of the Library were starting their membership drive in January with the fee of $15 for a three year period. She reviewed the benefits of joining the Friends of the Library. Commissioner Eklund inquired if $15 for 3 years was for only the Elko Branch. Jeanette Hammons replied it was for the Elko friends group and Carlin had a separate friends group. 1:57:24 PM: X. ELKO COUNTY INFORMATION TECHNOLOGY DEPARTMENT: Discussion and consideration of approval of Resolution that approves an Inter-local Agreement between the City of Elko and Elko County to share a fiber optic network for local connections and internet access. Harry Jackson introduced Ben Mangeng, the City IT Manager. He stated they were joining forces with the City of Elko on a fiber optic project that the City had been working on for five years for interconnections between their buildings. Harry Jackson stated at the end of last year Ben approached him about adding the County infrastructure. He stated they already have the infrastructure at the County/Courthouse complex and this would connect them to the Sheriff and Juvenile Departments. Harry Jackson stated the next stage was sharing internet services with the City to not only improve the bandwidth that they have servicing the county but to reduce the cost for internet service. Commissioner Andreozzi noted there was a legal review and asked if there were comments from legal counsel. Kristen McQueary stated most of her concerns were met. Commissioner Andreozzi noted the item was in the budget. Commissioner Steninger requested clarification it was a 10 year agreement with 5 year renewals. He inquired if it was a one-time cost of $75,000. Harry Jackson replied it was cost sharing throughout the Agreement and they have spent $75,000 to put the infrastructure in last year. He stated the rest of the $75,000 was for some additional costs and the City had funded a larger portion. PAGE 9

10 Commissioner Steninger inquired if $75,000 was an annual cost. Harry Jackson replied no they would be paying the City for their share of the bandwidth that they utilize as well as for maintenance and repairs or future projects. Commissioner Andreozzi commented they were paying for bandwidth that they weren t using now so those fees would go away. MOTION: Commissioner Andreozzi moved to adopt Resolution that approves an Inter-local Agreement between the City of Elko and Elko County to share a fiber optic network for local connections and internet access which includes the associated fees within the body of the agreement. Commissioner Eklund seconded the motion. The motion passed unanimously. 2:09:38 PM: IX. ELKO JUSTICE COURT: Discussion and consideration of the clarification of issues related to the formation of a second Justice of the Peace, Elko Justice Court, Dept. B. including a historical review of case totals. Commissioner Guttry stated he continues to get inquiries from the public and wanted to give the Board some statistical information he felt was important. He was responding to the taxpayers that have some concerns. He believed the current Judge and staff do a fantastic job and did not want to insult or demean anyone. Commissioner Guttry was upset that the Commission was left with no options. He had hoped to work out a compromise and have more visiting Judges because they have four judges that could come in more often to save a lot of money. Commissioner Guttry stated staff had concern how the Commission would fund this. He believed one of their jobs as Commissioners was to manage the County s budget and adding a court that may not be needed was not sound financial-fiscal policy. Commissioner Guttry said he had talked to the Judge and he realized there were other things that require the Judge s time and attention during the day that were not reflected in the numbers that he was going to show them today. Commissioner Guttry commented there were fifty Judges within the State and they all forego their schedules to make things work. He stated on October 2 nd Judge Simons sent a letter which started the process to gain a Second Judicial Justice Court. He noted in the letter Judge Simons cited on March 7, 2012 Judge Barbara Nethery indicated at the time that it was her position that a second full time Justice of the Peace would become necessary in the very near future. Commissioner Guttry stated NRS requires the creation of a second Justice of the Peace position in the Justice Court when the population of the justice judicial township exceeds 34,000, which we have done many times many years ago, unless the sitting Justice of the Peace of that township certifies that adding an additional Judge was not warranted. He noted that certification PAGE 10

11 had been done a number of times by the Justices of the Peace to the Legislative Council Bureau stating the second Justice was not necessary. Commissioner Guttry pointed out in Barbara Nethery s letter she stated I am providing this written opinion with regards to the schedule set forth in NRS (1) for an increase in the number of Justices of Peace in Elko Township. This letter is to advise that at present the workload of Elko Justice Court does not require a second full time elected Justice of the Peace. It is my further opinion that a second full time Justice of the Peace will become necessary in the very near future. Historically the elected Justice of the Peace is also appointed Elko Municipal Court Judge and caseloads for both Courts continue to grow. Commissioner Guttry displayed a chart and noted the letter was written in March 7, He stated the numbers for 2011 come out in the fall of He stated Senior Judge Nethery did not have the opportunity to see the numbers from 2012 because the letter was written before the numbers came out. Commissioner Guttry noted in FY 2012 the numbers peaked in 2011 when Judge Kacin was appointed to the District Court and there was the appointment of Judge Nethery for one year until there was an election cycle. He explained Judge Nethery was Justice of the Peace for a year in the interim between Judge Alvin Kacin and Judge Mason Simons. Commissioner Guttry displayed numbers of cases filed between 2000 through FY He noted the listing over a five year showed a downward trend where the case numbers have steadily decreased since Commissioner Guttry stated Judge Nethery made a good decision with the data she had because she could see that these numbers were continuing to increase. He noted even though at the peak of 2011 when Judge Nethery was presiding she was handling that caseload without any problem and before that Judge Kacin handled a good case load also. He noted in 2012 Judge Nethery wrote a letter saying it was may be necessary probably for a second Justice of the Peace in two or three years. He stated if Judge Nethery had seen this case number trend when it started to drop maybe she would have considered a different approach. Commissioner Guttry said even then in those peak numbers Judge Nethery was saying they didn t need another Judge for one to two years. Commissioner Guttry submitted the Administrative Office of the Court s Summary for the Elko Justice Court showing a 26% drop in case, Municipal Court dropped 49% and the traffic cases since 2011 have dropped 11%. He stated the trend across the state in Justice Courts shows they were processing fewer cases and it was a steady downward trend. He noted in 2012 there was more than a 17 percent decrease. Commissioner Guttry stated this year there was more than a 7% decrease in filings across the State. He stated the opposite was happening in District Courts and there was a trend going up. Commissioner Guttry stated the statewide average for all Justice Courts per cases was 2,646 which was a decrease of 49 PAGE 11

12 cases per judicial position from last year. The average last year was 2,695 cases and the Las Vegas Justice Court continues to report significantly more filings per judicial position at 7,852 filings per year compared to Elko at 2,695. He commented because cases in Justice Court tend to be less complex than in District Courts, a Justice Court can handle a larger number of cases per judicial position. Commissioner Guttry stated traffic cases were not included in the determination of cases filed per judicial position, per Judge, because traffic cases may be resolved by payment of fines without judicial involvement. He stated that means 95% of the time the fines were paid and the Judge had nothing to do with the citation, staff took care of it. He commented when they look at these numbers for the amount of cases per Justice Court such as criminal and civil cases from FY 2014 to FY 2015 the numbers of cases have declined but the total was 2,849 which was non-traffic cases for the year. Commissioner Guttry stated when they look at the Justice Court Summary they should pay attention to the page showing non-traffic cases filed per judicial position by Justice Court for FY He stated Las Vegas had fourteen Judges and each one of those Judges handled 7,852 cases per year. He noted Elko was fifth on the list with 2,849 which was last year s count. He stated if they take a new position and divide those cases by two with the second Justice of the Peace you would drop that number down theoretically to 1,425 cases per year if there was no increase or decrease in the amount of cases to process which puts them below New River. He stated it would significantly reduce the workload even though the pay stays the same, the staff stays the same, but the workload would be reduced. Commissioner Guttry stated in the Summary of Justice Court Traffic cases filed and disposed for FY traffic filings were decreasing and these numbers were not included in the number of cases handled per Judge during the year. He noted traffic cases were insignificant because they were handled through the staff more than the Judge. He commented the Municipal Court which was basically the City of Elko s Court that the County s Justice of the Peace takes on that additional responsibility and the City of Elko pays a proportionate share to operate that Court. He stated according to the Municipal Court Summary the statewide Municipal Court non-traffic filings (criminal and Civil) has decreased almost 9 percent from last year. He stated criminal filings decreased more than 9 percent from last year resulting in 5,064 fewer cases reported for this year. Commissioner Guttry stated Municipal Courts traffic cases were not included in the determination of cases filed per judicial position. He reported the Summary of Municipal Court non-traffic misdemeanor cases filed and disposed for Elko Municipal Court was 333 in FY 2014 and 302 in FY 2015 which shows a continued decrease. He displayed the Municipal Court Summary non-traffic cases filed per judicial position. He stated Las Vegas had six PAGE 12

13 municipal courts who handle 3,889 cases per year per judge. He noted Elko Municipal Court was 10 th in the listing at 302 cases. He stated if they have another Justice of Peace then the workload would be divided in half and the cases would be reduced to 151 cases for the City and that would move them to the 14 th position on the listing just above Carlin. Commissioner Guttry stated these numbers were significant. He acknowledged that the Court was busy and they do a great job but Judge Nethery was handling a greater number of cases as well as Judge Kacin and yet now they were being asked to spend a minimum of $300,000 or closer to $500,000 to fund this every year. He stated in his opinion it might not be necessary. He wanted everyone to know that these numbers do not indicate a need for an additional Judge. He stated Judge Nethery was handling 1,800 cases per year in the criminal court and still thought it would be two or three years down the road before they needed another Judge. Commissioner Guttry stated in the Summary the total Municipal Court cases filed last year including traffic and parking cases was 9,836 with 3,151 non traffic cases filed. He believed the Court could handle more cases. Commissioner Guttry stated he would not go into detail on the District Court Summary but he was aware that in the last five years the District Court has increased 30%. He commented they have a decrease up to 49% in the Justice Court and an increase in the two District Courts of 30% in the last five years. He stated in his opinion they should look at funding of the new Justice Court and then very soon a new District Court. He noted they could move the Justice Court in a small area like they were doing now but a District Court would require more thought or they would be facing building a new judicial center. Commissioner Guttry stated with the new District Court Judge the State would pay for the Judge and not the City as opposed to the Justice Court where the County pays for the Judge s salary. He did not think they could change anything now. He stated it was a bad law and he felt the law had unintended consequences. He felt that it should have been written so that the County had the opportunity to be a cooperating/coordinating agency just like they were supposed to be with the Forest Service and the BLM. He stated they didn t have the opportunity to talk about this. Commissioner Guttry wanted the Board to know these numbers. Commissioner Eklund noted the Commission had no choice in setting up the additional Court. He stated neither the Budget Committee nor the County Commission was conferred with. He stated the Commission does have control over the budget and felt they should take a look at the wages. He stated if the case load was cut in half there was justification for reduction in salaries. Commissioner Guttry had spoken to Kristin McQueary and in the NRS they cannot go below base rate which was established at approximately $131,000. He stated they would be punishing a new judge by saying they would not fund it. PAGE 13

14 He stated if they said they were not funding the position it would be a long drawn out process and would not accomplish very much. Commissioner Steninger noted the cover page showed total cases 9,836 for 2015 and on page 37 of the Justice Court Summary showed 2,800 cases. Commissioner Guttry replied it was combining Justice, Municipal and traffic cases. Commissioner Steninger stated when Ricky Stevens came in demanding that we clean up the weeds in Spring Creek Kristin McQueary gave them an opinion that they were exempt from that shalls in NRS if they cannot afford it. He inquired if that would apply to this circumstance. Kristin McQueary stated it was very difficult upon a mandated position by law that does not give them any out. She noted no County historically does everything listed in the NRS. She stated this had two triggers one based upon the population and the other was the opinion of the sitting Justice of Peace. She stated when they weigh the likelihood of this being challenged in court she did not see this as being defensible. Commissioner Steninger inquired about the demand that they fund the metal detector and was that NRS required. Kristin McQueary stated there was case law and some Supreme Court Opinion that court security was a vital interest of the court system. She had looked into that several years ago and they can order a level of court security. Commissioner Steninger if they could say they could not afford that. Kristin McQueary stated then they would be in a situation of either spending money on attorney fees or spending money on security. Commissioner Steninger stated it was ridiculous that they were spending over $350,000 per year to make them feel secure. He stated they already have bailiffs with guns. Commissioner Guttry stated his biggest frustration was there were no options for the County. He felt that law should be changed and believed a bill would be introduced within the next legislative session to involve the County within these decisions. He noted they had a similar situation with Ormat when the State told them they had no say and took $450,000 out of their tax revenue every year. Commissioner Steninger understood it was a visiting Judge that initially ordered the courthouse security. Kristin McQueary stated the courthouse security was ordered by a visiting Judge but neither of the current District Court Judges ever rescinded that order. Commissioner Steninger suggested that they ask the Judges. Commissioner Andreozzi thanked Commissioner Guttry for his thorough research. He stated it was unfortunate that the NRS was written that a PAGE 14

15 justification was not required. He stated they may not have all the factors that went into the decision that was given to them. He did not believe any one person should not have the authority to do that without having the responsibility to also fund it. Commissioner Andreozzi stated if that authorization was given to other elected officials then it would be difficult for the County Commission to make ends meet. He recommended that they ask the legislators to consider changing the law so not one person has that authority. He stated with regards to Commissioner Steninger comments if we don t have a choice then they should remand the funding part back to the Budget Committee to include discussions with the current Justice Court to see how that budget could be used to help bridge this gap or find other creative ways to raise revenue. Commissioner Andreozzi stated when this happened, the de-facto decision without going through the budget process; it may not get priority precedence for funding. He stated they run out of funding every year before they run out of requests. He stated they have to fund the requests based upon priority. He stated this could change what their priorities were and suggested they remand this back to the Budget Committee. Commissioner Dahl believed they could work out a compromise to do away with the metal detector and have more armed personnel for them to feel protected. He suggested there be discussions with the Judges. Commissioner Steninger stated the majority of the $350,000 was the three deputies that man the security post. Commissioner Andreozzi inquired if they had to be POST certified. Commissioner Dahl believed it was important to have them POST certified. MOTION: Commissioner Dahl moved that the Chairman appoint someone to meet with the Judges and discuss this to see if there was something to work out that would cost less money and still make them feel more secure. Kristin McQueary believed this was under the nature of public comment and they can bring it back or have the County Manager facilitate that. The motion died due to lack of a second. Commissioner Guttry believed the Board resigned themselves that the second Justice of the Peace was final but they could bring the security back. Commissioner Andreozzi inquired if they could remand it back to the Budget Committee for discussion. Kristin McQueary noted the budget of the Justice Court went through the regular budget process like every other department. Commissioner Steninger inquired if they should re-agenda to invite the Judges to come or send a letter regarding the security. Commissioner Guttry believed Robert Stokes would notify them. PAGE 15

16 Commissioner Eklund believed they drifted off of Justice Court and realized they had no options. He stated in talking to the Judge regarding changes to the security was a good idea. He believed this should be remanded to the Budget Committee and brought back to the Commission. Commissioner Steninger noted their budget would be before the Budget Committee. He inquired what the total was of the Justice Court budget. Commissioner Guttry stated the request was for one judge and one bailiff so this could involve more staff people. Commissioner Steninger expressed concern with more staff. Commissioner Eklund stated they have control over that through the funding process. John Carpenter stated Assemblyman John Ellison had spoken to the Legislative Council Bureau and it was originally a may rather than a shall and somewhere it was changed around. He stated regardless it has gone on for many years and no one ever thought about it. John Carpenter stated in the past the Justice of the Peace in Wells and Carlin took care of the additional workload. He stated the major number they should look at the most was when they put in someone else in there; there would not be a significant workload so you have six Justices of the Peace in Elko County which were too many. John Carpenter stated what happened here was the public did not know about it; the County Commission did not know about it. He noted the law said when the Commission sets the salary it was to be done in July. He stated if they had waited until July to set the salary then they would have had a chance to go through the figures and then the public would have known. John Carpenter stated if they were going to have a Justice of Peace in Carlin and Wells along with two Justices of the Peace in Elko it would be costly. He felt that the additional judge was not necessary. He did not believe it was a shall in the legislation it should have been may. He noted this has never been used since the 1990 s. John Carpenter commented when these figures go to the public; the people would see that they were paying $133,000 for a Judge that was only going to have a part-time job. Commissioner Steninger stated it would be $280,000 with a bailiff. Commissioner Guttry stated with benefits and a bailiff the amount would be greater. John Carpenter believed they would come in and ask for more clerical staff like the current Judge. He believed the salary should have not been set until July according to the law. He felt there may be public opinion. Commissioner Dahl inquired if they could do anything before the legislation was changed. He stated the public opinion would help get the change in the Legislature. He noted they still have to spend the money in the meantime. PAGE 16

17 John Carpenter stated the Judge would not be elected for a year. He stated they may get a legislative change before that time. Kristin McQueary stated the law was currently structured that they have to have a Justice Court in incorporated cities and the only Justice Court in a nonincorporated area was the Jackpot Judge. She clarified the election would be held this year and the second Justice of the Peace would take office a year from now. She noted the Legislature changed the signup time for judicial offices to January and the timing of this statute does not mesh with the budgeting in July. She noted the law states setting the salary was no later than July. Commissioner Guttry inquired if they have to set the salary before they set the position. Kristin McQueary noted Judge Simons came in and informed them it would be nice for the new Judge to know what the salary was but the statute was no later than July. She commented he came in really early asking for setting of salary before signing. Commissioner Eklund inquired if this position could be considered as a part-time position. Kristin McQueary stated they would still be an elected official. She acknowledged that different courts have different salaries. She was not arguing case load. She questioned how they would elect someone to a part-time position. She noted in Carlin, Jackpot and Wells the Judges were paid less but it was based upon their caseload and they were considered a part-time position. Commissioner Eklund noted Commission Guttry showed that the caseload would be barely over Carlin s Justice of the Peace and the Carlin Justice of the Peace gets a little under $20,000. 2:53:26 PM: XI. ELKO COUNTY PUBLIC SHOOTING RANGE: Discussion and consideration of authorization for staff to apply for a Nevada Department of Wildlife Hunter Education 2016 Shooting Range Grant for up to $50,000 with a 25% local match for various improvements to the County Public Shooting Range such as safety sites, benches and road improvements. Randy Brown stated they have NRA and 4-H funding so there was some matching funds. He stated they may use Recreation Funds as the grant match. He stated they would probably apply for less than $50,000 and this would come back for final approval. MOTION: Commissioner Andreozzi moved to give authorization for staff to apply for a Nevada Department of Wildlife Hunter Education 2016 Shooting Range Grant for up to $50,000 with a 25% local match for various improvements to the County Public Shooting PAGE 17

18 2:55:36 PM: Range. Commissioner Eklund seconded the motion. The motion passed unanimously. XII. GREATER SAGE-GROUSE FEIS/ARMPA A. Discussion and Consideration of the Draft Scoping Comment concerning the Sagebrush Focal Area proposed withdrawals and restricted surface disturbance. The BLM Scoping comment deadline is January 15, The Department of the Interior Land and Minerals Management has approved an application to withdraw approximately 10 million acres of public and National Forest System lands identified as Sagebrush Focal Areas in Idaho, Montana, Nevada, Oregon, Utah, and Wyoming from location and entry under the United States mining laws to protect the Greater Sage-Grouse and its habitat from adverse effects of locatable mineral exploration and mining, subject to valid existing rights. Randy Brown stated he submitted the final draft out last night and did incorporate some items from NACO. He asked permission to finalize the comments. Commissioner Steninger understood that in the earlier draft they mentioned the NTT (National Technical Team Report) and COT (Conservative Objectives Team) reports. Randy Brown stated they removed that portion because they don t want their comments taken into the lawsuit. He said these comments were separate from the lawsuit upon the injunction upon the FEIS/Sagebrush Focal Areas and this scoping did not address the SFAs or the withdrawal of entries. Commissioner Steninger stated they based their findings upon bogus information. Randy Brown replied NTT and COT reports were still in there and were a part of that. He stated those were referenced to the SFA. He wanted to focus their comments upon the SFA as far as whether the NTT and COT reports were referring to, they did not agree with the SFA being created. Commissioner Andreozzi thanked Randy Brown for reviewing the mass of documentation to form a response under this process. He had attended the BLM open house meeting and took away that the word focus area should be a pin point area but if they look at the SFAs it was a broad area. Commissioner Andreozzi stated he also took away from the meeting the impacts that this would have upon exploration in northeastern Nevada. He stated in their history here in northeastern Nevada if the Carlin trend had not had effective exploration the Carlin trend would have ended after 10 years instead of lasting for 50 years. He noted they would not have found the ore deposit they just found in Pequops if it had not been for exploration. Commissioner Andreozzi stated exploration was fundamental for the mining expansion and sustainability in Nevada. PAGE 18

19 Commissioner Andreozzi expressed concern that the adverse effects may be more than just upon mining and it may have effects upon the other users including livestock grazing and recreation. He had no edit suggestions. He felt this was a significant issue facing them. MOTION: Commissioner Dahl moved to approve the final draft comments. Commissioner Eklund seconded the motion. The motion passed unanimously. B. Discussion and Update of the lawsuit filed by Western Exploration LLC, Elko County, Eureka County, and Quantum Minerals LLC filed a lawsuit on September 23rd in U.S. District Court for the District of Nevada challenging the legality of BLM s and USFS Greater Sage Grouse Approved Resource Management Plan (ARMP). Commissioner Dahl stated when testifying the government s attorney asked if he knew of any instances where there were damages that have already happened because of the amendment. He stated the Western Exploration representative testified before him and stated this was shutting them down because of their loss of financing due to the amendment. Commissioner Dahl stated with regards to the BLM open house meeting they had a comment box, a video that lasted 10 minutes and there were 15 chairs to watch the video or you could talk to the specialists that were there. He stated they had started the process in 2009 for the Travel Management Plan and had hired a facilitator to help negotiate with the agency and ended up with nothing. Commissioner Dahl stated their opinions and positions were totally discounted. He believed they should not fool themselves that their position would ever be taken into account. Commissioner Guttry inquired even when Western Exploration told Judge Du that they were shutting down specifically because of that did the Judge consider that a sufficient reason to go through with the injunction. He noted the newspaper stated there was no compelling evidence that bad had happened with this. Commissioner Dahl stated Western Exploration and Quantum Minerals were their best examples and that was why they started trying to make a case. He noted the Commission had discussed holding hearings and he believed if the Commission was to hold a hearing and explore what happened to Western Exploration and Quantum Minerals they could ask the agency to participate. He felt then they could find out what happened. Commissioner Dahl stated with regards to Quantum Minerals when the original decision was made by the Forest PAGE 19

20 Service none of those drill sites existed in a sage grouse area because the elevation was too high. Commissioner Dahl stated now the boundary line was drawn around that project and they stated it was a sage grouse area. He believed someone should have to answer some of these questions and what the justification was for it. He stated the hearings gave them that opportunity to get the answers to their questions. John Carpenter had talked to Heston John on the NRMAC committee and yesterday he had met with the Forest Service on his permit application for the year. He stated the Forest Service representatives had said before they would talk to him but with the sage grouse issue they will not negotiate. He stated in Battle Mountain District that committee was to meet in January but the BLM said they would look at the sage grouse and could not meet in January. He believed the BLM s emphasis would be cutting the AUMs. He supported the hearing procedure to hear these rancher s stories. Commissioner Dahl stated they should expose these stories. 3:11:34 PM: XIII. ELKO COUNTY AMBULANCE SERVICE: Discussion and consideration of Resolution that authorizes the donation of a retired ambulance vehicle unit to Great Basin College to be utilized for educational training purposes. Cash Minor stated the Great Basin College approached them about using an ambulance for a lab in their EMT educational programs. He stated this would be a great use for this retired ambulance. MOTION: Commissioner Eklund moved to adopt Resolution that authorizes the donation of a retired ambulance vehicle unit to Great Basin College to be utilized for educational training purposes. Commissioner Steninger seconded the motion. The motion passed unanimously. 3:13:09 PM: RECESS: Chairman Guttry called a recess at 3:13 p.m. 3:29:53 PM: RECONVENE: Chairman Guttry reconvened the meeting at 3:29 p.m. 3:30:10 PM: PAGE 20

21 Chairman Guttry relinquished control of the meeting to the Chair of the Elko County Board of Health, Chairman Dr. Duran, for their first organizational meeting. XIV. ELKO COUNTY BOARD OF HEALTH: Chairman Duran assumed control of the meeting and called the Board of Health to order. A. Comments by the General Public: Commissioner Andreozzi reported the County Commission had received an e-comment and read one into the record: Charles Schaer: There needs to be something done about the fact that NNRH does not accept the VA Veteran s Choice card. Currently, there is no provider assigned to the Elko VA Clinic. This position is being backfilled by another provider assigned to another VA clinic in Utah. So you can imagine the waiting times for Veterans needing an appointment. Only two providers in Elko currently accept the VA Choice Card, Rural Health Services and Dr. Patel. This needs to be remedied ASAP. Commissioner Andreozzi believed a representative from the VA would be appropriate as a stakeholder. B. Introduction of various Stakeholders. Chairman Duran asked that the stakeholders introduced themselves. Bobbi Shanks, representing Elko County School District. Gerald Ackerman, representing the School of Medicine and the Office of Rural Health. Larry Hyslop, representing the Medicare in Elko Work Group. Chris McHan, the Interim Director for the Elko County Ambulance. Bailey Billington-Benson representing the Red Cross as the Community Volunteer Lead. Ashley Leahy with Nevada Health Centers. Pam Borda representing NNRDA. C. Review of the Elko County School District Immunization presentation. Bobbi Shanks, Elko County School District, reported they put together a team of school nurses and participated in a Johnson Fellowship Program sponsored by Johnson & Johnson and Rutgers University. She introduced the Johnson & Johnson School Health Leadership Team as Victoria Richardson, Kim Thomson, Mary Headley, and Ray Langer. Victoria Richardson stated the Johnson and Johnson Fellowship Program needs assessment of the community brought to light issues with immunization, suicide, asthma, school based health center, and wellness. She stated several of the school nurses investigated why so many students were unable to start school because of lack of immunizations. She gave a slide presentation entitled, PAGE 21