STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. AUGUST 8, 2002

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1 STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. The Board of Elko County Commissioners meet in regular session on August 8, 2002, at 1:30 p.m., in Room 105, in the Elko County Courthouse, at 571 Idaho Street, Elko, Nevada. There were present: County Commissioners Brad Roberts, Chair Nolan Lloyd Mike Nannini Warren Russell ABSENT John Ellison County Manager Robert Stokes Deputy District Attorney Kristin McQueary County Clerk Win Smith Deputy County Clerk Marilyn Tipton Chief Financial Officer Cash Minor Community Development Dir. Charles Voos Road Supervisor Otis Tipton --- The following proceedings were held: Commissioner Roberts called the regular meeting to order at 1:31 p.m. Highway Chairman Roberts called the Highway Board of Commissioners to order at 1:32 and adjourned the highway meeting at 2:24 p.m. ELKO COUNTY PUBLIC DEFENDER S OFFICE: Fred Lee requested authorization to fill a vacant part-time case worker position in the Public Defender s Office. He noted that the District Attorney s Office had hired away his employee. He stated that this position paid $11.37 per hour for 19 hours per week and requested permission to advertise this position. MOTION: Commissioner Lloyd moved to fill the vacant part-time case worker position in the Public Defender s Office. Commissioner Russell seconded the motion. The motion was passed unanimously. Commissioner Nannini noted that the budget may come up short next year and warned him about hiring employees that may have to be laid off later. There were no Elko County Liquor Board items to be addressed so the Liquor Board was not called to order. SHERIFF'S DEPARTMENT: Jail Operations Report: PAGE 1

2 Sheriff Harris submitted the jail operational report and statistical population of 89 in custody. Elko County Law Enforcement Facility Proposed Upgrading-1999: Elko County Jail Addition and Remodeling: Charles Voos reported on the construction project, the training upon the equipment, and the systems completed. Sheriff Harris noted that the superintendent for the contractor was down yesterday and they were reviewing the minor changes with him. He noted that they had received the estimates for recording/microphones for the courtroom. He stressed that they needed that speaker system in place to legally use that courtroom. He noted there was a bad individual in custody presently. Change Order # Eleven: Charles Voos stated this was the final bills and requested the Board to consider Change Order # Eleven in the amount of $25, for work including: the installation of a water softener system; heat pump improvements; roof drain improvements; intercom improvements; and various credits to the contractor. He noted this project was still under construction and this was additions to the contract. Commissioner Roberts noted there was a total of $104, in change orders upon the project of 3.9 million dollars. MOTION: Commissioner Nannini moved to approve Change Order # Eleven in the amount of $25, for work including the installation of a water softener system, heat pump improvements, roof drain improvements, intercom improvements, and various credits to the contractor. Commissioner Lloyd seconded the motion. The motion was passed unanimously. Holding Cells - Courthouse: Charles Voos reported that the walls were up, and they were awaiting the steel gratings. He believed they were 20 days from completion on the project. Commissioner Nannini noted that the project was more than anticipated. Commissioner Lloyd inquired about the total on the project. Charles Voos stated approximately $110, Sheriff Harris inquired about utilizing the old steel doors. Charles Voos noted they could not use the old doors. Commissioner Roberts inquired if the first of September they could utilize them. He noted that there was a window to the exterior by the door to the hallway, and inquired if there should be bars upon the window. Charles Voos noted that presently they don t have security upon the windows where they hold them. Patrol Vehicle Bid Approval: The Board considered approval of the request to solicit bids for patrol vehicles for the Sheriff s Office. MOTION: Commissioner Lloyd moved to approve the request to go to bid for patrol vehicles for the Sheriff s Office. Commissioner Nannini seconded the motion. The motion was passed unanimously. Nevada Office of Traffic Safety - Joining Forces Grant 2002: PAGE 2

3 The Board discussed approval of the 2002 Joining Forces Grant which would be used for overtime expenses for saturation patrols and community public safety checkpoints. Sheriff Harris stated this was an ongoing grant but the Manager had suggested he get the Board s approval. He noted it was an on-site stop and they did not perform road blocks. MOTION: Commissioner Nannini moved to approve the 2002 Joining Forces Grant. Commissioner Russell seconded the motion. The motion was passed unanimously. ELKO COUNTY DISTRICT ATTORNEY S OFFICE: State of Nevada V. Smith Properties Delinquent Tax Case, APN , APN A2: Gary Woodbury reviewed the case status on the Smith Properties bankruptcy proceedings. He stated the sale was approved upon May 21, 2002, which was contingent upon approval of the Nevada Gaming Commission. He stated that the Federal Trade Commission had viewed the sale with regards to a violation of the Sherman or Clayton Act. He stated that the investigation continues. He stated that debtor s counsel (Stateline s counsel) last Friday informed him the Federal Trade Commission investigation was still continuing. They did not expect the sale to close soon because the Nevada Gamming Commission would not give approval to the Peppermill until the investigation was concluded. Gary Woodbury stated that since no money had changed hands, there was no distribution of taxes. He did not believe they would see that distribution before the end of the year. He stated that there was efforts by the unsecured creditors committee, lenders and debtors to seek a means to reduce the Elko County taxes. He stated that the Bankruptcy Court has the ability to reevaluate the taxes. He stated currently the sales price for all the property was 49.6 million dollars, including Utah property. He stated that if they subtracted out the Utah property there would be approximately 45 million dollars. He stated that the Elko appraised value was 85 million dollars. Gary Woodbury noted the sales price was approximately half of what the assessed value was. He stated that their position was that the sales price was so low due to financial constraints from them holding out for a better price. He stated under the circumstances they believed the appraised value of the property should not be weighted too greatly by the income approach due to the poor management. He stated the Elko County Assessor appraises property based upon replacement value, what it would cost to re-build it less depreciation, etc,. He stated that only when it was contested before the Board of Equalization would they view the financial information and review the income approach. He stated the property had been appraised in 1997 and real property and improvements need only to be appraised once every 5 years. Gary Woodbury stated for the interim years between the 1997 appraisal, and tax years the State Department of Taxation sent out a factor that was utilized to determine the increase and decreases to that appraised value. He stated the debtor would seek tax - - a tax redetermination. Gary Woodbury stated because the issue was complicated, he prevailed upon Rich Barrows (Elko County School District counsel) and Bob Goicoechea (West Wendover counsel) for aid. Gary Woodbury stated there will be a bill from a Salt PAGE 3

4 Lake City bankruptcy attorney in the amount of $ He cautioned that there would be additional expenses and they were taking several steps to avoid more expenses. However, they may have to hire a reputable casino appraiser to be properly protected. He stated he would submit a proposed interlocal agreement between the School District, West Wendover and County to assume the appraiser fees equivalent to their proportionate share of tax distribution. Commissioner Russell inquired if Stateline had previously protested the appraisals prior to this time. Gary Woodbury replied no. He stated he was concerned because there would be subsequent consequences. Commissioner Russell noted the consequences would have a significant affect upon the School District as well as Elko County. Gary Woodbury stated the only projected effect would be upon the taxes now due. Commissioner Roberts noted it could effect all casinos and there would be a domino affect. Gary Woodbury stated that 49.6 was not the fair market value but the Judge withheld it as fair market value. He stated that the Board of Equalization did not have to abide by that finding. Commissioner Nannini stated that the employees were notified that their jobs were terminated. Gary Woobury stated that they have been warned upon two occasions and he was not optimistic as previously. He stated the projected figures showed they were losing money and at the end of summer they were losing money. Federal Trade Commission may not let there be a transfer of ownership. He stated if it was delayed long enough then the Stateline or Peppermill may have to close. When reviewing the budget, they had projected that they may be losing money at this point in time. Commissioner Russell noted the Wendover newspaper article regarding the casino s loses. Gary Woodbury stated he had kept Caesar Salicchi apprized of the case. Commissioner Nannini noted it would be devastating to the community. Gary Woodbury stated that there was a figure of approximately 1100 employees submitted and yes it would be devastating. He stated they had communication with the Peppermill stating they would support them on this endeavor. He felt that the Peppermill could run it. Commissioner Nannini noted that Peppermill was picking up those employees dropping off. Commissioner Russell noted that some of the same employees were working at both establishments Stateline and Peppermill. Gary Woodbury stated he had offered to write a letter to the Federal Trade Commission on behalf of the Peppermill s sale offer. Charles Myers of JOB Opportunities of Nevada stated they noticed 1000 employees for initial termination upon the 4 th of July, and they re-noticed them for November. They hoped that the sale would go through at that time. He stated that hourly employees, if they were not on a strike list, would be able to re-apply for their positions. The management would be upon a case by case basis. He stated that if they had been fired from any of the Peppermill properties previously then they would not be able to re-apply. ELKO COUNTY JUVENILE PROBATION DEPARTMENT: No one was present to submit the written Juvenile Detention and the Juvenile Probation Department monthly report. Robert Stokes stated that they had not received the contract with the Bureau of Indian Affairs for Detention Services because it had been held up in their Phoenix office. PAGE 4

5 EASTLINE JUSTICE COURT: Cash Minor noted they had submitted a request for temporary clerk assistance due to upcoming medical leave of the only Justice Court Clerk in the Eastline Justice Court. He stated the Judge proposed to utilize the municipal clerk on a part time basis for that period of time. He noted there was no money budgeted and did not know if there would be a salary savings. Commissioner Lloyd inquired if they could take it from administrative assessments. Cash Minor replied that was a possibility. Commissioner Russell inquired if the employee had a month and ½ sick leave available. Cash Minor noted that she was not upon the County health plan. Commissioner Nannini felt they should authorize Cash Minor to work this out, either through administrative fees, etc. Cash Minor noted that the municipal clerk was already trained. MOTION: Commissioner Nannini moved to turn it over to Cash and give him the authority to work this out with the Eastline Justice Court system for a temporary clerk assistance. Commissioner Lloyd seconded the motion. The motion was passed unanimously. Chairman Roberts called a recess at 2:55 p.m. and reconvened the meeting at 3:03 p.m. ELKO COUNTY CODE: Elko County Ordinance 2002-G: AN ORDINANCE AMENDING TITLE 7, CHAPTER 2, SECTION 5 OF THE ELKO COUNTY CODE BY THE ADDITION OF A NEW SUBSECTION (U) TO CREATE AN ADDITIONAL ANIMAL CONTROL DISTRICT IN THE RYNDON AREA, AND OTHER MATTERS PROPERLY RELATED THERETO. Pursuant to Notice No and N.R.S ,1, the Board conducted a public hearing to consider the possible adoption of Elko County Ordinance 2002-G that created an additional animal control district in the Ryndon area. No public comment was submitted. MOTION: Commissioner Lloyd moved to adopt Elko County Ordinance No G: AN ORDINANCE AMENDING TITLE 7, CHAPTER 2, SECTION 5 OF THE ELKO COUNTY CODE BY THE ADDITION OF A NEW SUBSECTION (U) TO CREATE AN ADDITIONAL ANIMAL CONTROL DISTRICT IN THE RYNDON AREA, AND OTHER MATTERS PROPERLY RELATED THERETO. Commissioner Nannini seconded the motion. The motion was passed unanimously. COUNTY MANAGER AND COMPTROLLER OFFICES: Chief Financial Officer/Comptroller: Approval of Claims: PAGE 5

6 The Board considered the claims submitted for approval. MOTION: Commissioner Lloyd moved to approve the submitted claims. Commissioner Russell seconded the motion. The motion was passed unanimously. Approval of Travel Requests: The Board considered approval of travel requests that were pending. MOTION: Commissioner Russell moved to approve the pending travel requests. Commissioner Lloyd seconded the motion. The motion was passed unanimously. ELKO COUNTY CODE: Elko County Ordinance 2002-F: AN ORDINANCE AMENDING TO TITLE 11, CHAPTER 2, SECTION 4, SUBSECTION (D), TO ALLOW EARLY REPAYMENT OF THE JAIL CONSTRUCTION PROJECT PHASE I DEBT SERVICE AND THEREBY ALLOWING $600, OF THE INVESTMENT EARNINGS TO BE PLACED INTO THE GENERAL FUND OF THE COUNTY, AND OTHER MATTERS PROPERLY RELATED THERETO. Pursuant to Notice No and N.R.S ,1, the Board conducted a public hearing to consider the possible adoption of Elko County Ordinance 2002-F, an amendment to the hospital sale proceeds fund allowing for $600,000 of investment earnings to be placed into the general fund of the County. No public comments were submitted. MOTION: PAGE 6 Commissioner Russell moved to adopt Elko County Ordinance 2002-F: AN ORDINANCE AMENDING TO TITLE 11, CHAPTER 2, SECTION 4, SUBSECTION (D), TO ALLOW EARLY REPAYMENT OF THE JAIL CONSTRUCTION PROJECT PHASE I DEBT SERVICE AND THEREBY ALLOWING $600, OF THE INVESTMENT EARNINGS TO BE PLACED INTO THE GENERAL FUND OF THE COUNTY, AND OTHER MATTERS PROPERLY RELATED THERETO. Commissioner Nannini seconded the motion. Commissioner Lloyd inquired when it would be paid off. Cash Minor stated was paid off in July. Commissioner Lloyd inquired what was left on the interest. Cash Minor replied he did not have that figure at this time. The motion was passed unanimously. COUNTY MANAGER AND COMPTROLLER OFFICES CONTINUED: Upcoming 2003 Nevada Legislative Session: The Board considered possible bill draft reports from Elko County for the upcoming Legislative Session. Cash Minor stated they need to be filed by the 1 st of September. Commissioner Russell suggested that they address it at the next meeting. Commissioner Lloyd noted NACO was addressing the long term care and the salary bill. He stated there would be a bill draft from NACO regarding the contractor issue. Commissioner Roberts

7 inquired about the raising of the limit of the prevailing wage. Commissioner Lloyd stated that NACO would not attempt it because the labor was too strong and there was no support for it. Cash Minor noted it was there every session since Commissioner Russell inquired about a bill draft in favor of another County which would benefit us. Commissioner Lloyd cautioned them upon giving their bill draft. Cash Minor felt if it affected more than one county but questioned if they could submit it for one county. Commissioner Russell stated he would speak with Stephanie Licht, Assemblyman Carpenter and Senator Rhoads. ELKO COUNTY CODE: Elko County Ordinance 2002-H: AN ORDINANCE ADDING A NEW SECTION OF 14 TO TITLE 4, CHAPTER 8, AND ADDING NEW SUBSECTION (18) OF TITLE 4, CHAPTER 2, SECTION 2(A) AND ADDING NEW SUBSECTION (10) OF TITLE 4, CHAPTER 2, SECTION 2(A) OF THE ELKO COUNTY CODE TO ALLOW FAMILY CEMETERIES IN OPEN SPACE (OS) AND SPECIAL LANDS (SL) ZONING DISTRICTS, AND OTHER MATTERS PROPERLY RELATED THERETO. Pursuant to Notice No and N.R.S ,1, the Board conducted a public hearing to consider the possible adoption of Elko County Ordinance 2002-H allowing family cemeteries in open space and special land zoning districts. No public comment was submitted. MOTION: Commissioner Lloyd moved to adopt Elko County Ordinance 2002-H: AN ORDINANCE ADDING A NEW SECTION OF 14 TO TITLE 4, CHAPTER 8, AND ADDING NEW SUBSECTION (18) OF TITLE 4, CHAPTER 2, SECTION 2(A) AND ADDING NEW SUBSECTION (10) OF TITLE 4, CHAPTER 2, SECTION 2(A) OF THE ELKO COUNTY CODE TO ALLOW FAMILY CEMETERIES IN OPEN SPACE (OS) AND SPECIAL LANDS (SL) ZONING DISTRICTS, AND OTHER MATTERS PROPERLY RELATED THERETO. Commissioner Russell seconded the motion. Commissioner Roberts noted this action was taken because of a request from an individual. However, he did not believe that person s property was zoned opened space. Robert Stokes noted that this had gone through the planning commission and the planning departments and there were some safeguards to prevent burial in the backyards of a congested neighborhood. He stated that this would allow for a family cemetery upon a ranch. The motion was passed unanimously. COUNTY MANAGER AND COMPTROLLER OFFICES: Human Services Department: Step Increases: The Board considered approval of step increases for Sheriff s Employee Association Bargaining Unit, effective August 1, 2002: Adrienne Brensel and Kevin McKinney. MOTION: Commissioner Russell moved to approve the step increases for PAGE 7

8 the Sheriff s Employee Association Bargaining Unit, effective August 1, 2002: Adrienne Brensel and Kevin McKinney. Commissioner Lloyd seconded the motion. The motion was passed unanimously. Other County Manager/Comptroller matters: Robert Stokes reviewed the upcoming events such as the Jarbidge meeting on August 21 st. He stated the County Picnic was upon the 16 th and the muddy volleyball was upon the 17 th of August. Robert Stokes stated Senator Reid would be at the California trail site on Saturday at 10:00 a.m. Commissioner Roberts stated Mr. Porter had requested that the Board be at the site at 9:30 a.m. that morning. Commissioner Russell would not be able to attend. Commissioner Roberts stated that Senator Ensign s staff would like to meet with them on the 15 th at 8:00 a.m. to 8:45 a.m., in Room 105. Robert Stokes stated that the Nevada Legislative Public Lands Committee which was chaired by Senator Rhoads would meet at the convention center on August 16 th. He stated that Chairman Roberts would give a presentation. Commissioner Lloyd noted the Humboldt Water River Basin Authority would have a meeting at 7:00 a.m. Robert Stokes stated on the 19 th there was a meeting with Senator Ensign behind the Sherman Station at 5:45 p.m. with regards to the California Trails Interpretive Center. Commissioner Lloyd noted that the debit management meeting was scheduled for 4:00 p.m., that day. Robert Stokes stated there was also a breakfast scheduled that morning at the convention center at 8:00 a.m. Commissioner Lloyd noted EVAC would meet upon the 20 th of August. Commissioner Nannini noted the Fire Academy meeting was scheduled at 10:00 a.m. Commissioner Russell noted that Art Train was scheduled on the th in Elko. Commissioner Nannini noted on the 12 th the Great Basin event scheduled at 2:00 p.m. Commissioner Roberts noted on the 13 th they would interview for an operator for Wells. Commissioner Nannini noted that Roberta Skelton would not be attending the Jarbidge meeting due to medical problems. Commissioner Lloyd stated he would be staying the night before. Robert Stokes stated that George Boucher would be attending the August 21 st meeting. Commissioner Roberts noted there would be a Blue Grass concert at the college tomorrow at 8:00 p.m. Win Smith reported there was also a dinner at 6:00 p.m. tomorrow night. Charles Voos stated he had attended the Humboldt County Landfill Committee meeting regarding reduction in fees for Midas. He reported there would be no reduction in fees unless they could prove that the people lived there less than 6 months. He stated that they may prove that through the power bills. He stated that the Humboldt Landfill Committee had decided to accept affidavits from the citizens of Midas stating that they live there less than 6 months if the County would certify it. Instead of paying $ per month, they would pay $ per month. Charles Voos noted that the Desert Disposal haul was reduced to once a month from that community and now Desert Disposal was PAGE 8

9 charging $ a week rental upon their container. He has spoken to another hauling company. Charles Voos stated he had met with the Friends of Tuscarora upon the restoration project and they have agreed to accept J.D. Long as the Architect and George Lostra as the design engineer. He stated next week there would be a meeting in Carson City over the structural designs to get roof on by Fall. He stated at the mid-month he would have the Board confirm the engineer and architect for the society hall. Win Smith stated that they had tapes from 1990 and she had requested Kristin McQueary to perform legal research upon the length of time they were required to retain the tapes. She reviewed the costs of each box of tapes and suggested that they be reused again. Win Smith noted the law stated they should be retained for 5 years. However, it was suggested they be retained for 8 years. She reiterated that they had tapes dated since Commissioner Lloyd inquired if the tapes were good after that length of time. Win Smith stated they were high quality tapes. Charles Voos stated that they would have to demagnetize them before they reuse them. Commissioner Russell noted a de-magnetizer may not be much. Win Smith stated she wished to keep the board informed. Commissioner Roberts felt they may wish to review what was upon them before they demagnetize them because of the controversial issues that may still be ongoing. Commissioner Russell inquired why they should retain the tapes if there was a written record was already approved. Commissioner Roberts noted the minutes were not verbatim. Commissioner Nannini noted they have went back upon the tapes. Win Smith noted they had gone back 6 to 7 years upon the tapes. Commissioner Nannini stated he would agree with 8 years. Commissioner Russell inquired about 10 years. Cash Minor stated the written minutes were the record of their meetings and of course those tapes back that up. However, if they keep those tapes outside of a 5 year time period, it opens them up to additional liability. The Board agreed that 8 years was substantial and when they catch up with the 8 year period they can address it again. ELKO COUNTY CODE: Elko County Ordinance 2002-H: CREATION OF THE METROPOLIS IRRIGATION DISTRICT In accordance with Public Notice , the Board conducted a public hearing to consider the approval of creating the Metropolis Irrigation District in Elko County. Commissioner Nannini noted they had reviewed this several times and recommended that they approve it. MOTION: Commissioner Nannini moved that they go forward with it. The motion died due to a lack of a second. Kristin McQueary recommended that they follow a hearing procedure having the proponents of the petition argue in favor of it and if anyone opposed it, they could speak their mind. She felt there should be a statement that a Notice had been given for two weeks. After the hearing, the Board must give written orders, depending upon which way they vote, to the Clerk s Office. PAGE 9

10 Commissioner Lloyd clarified that if they approve it, it places it upon the ballot. Commissioner Roberts inquired when the notice was published. Roberts Stokes stated it was published the 25 th of July. Commissioner Roberts noted for the record that has been a proper two week notice. Kristin McQueary inquired where it was published. Robert Stokes responded in the Elko Daily Free Press. Commissioner Roberts noted that the Elko Daily Free Press was the most publicized paper in the region. Commissioner Roberts read into record the letter of support received from Jolene Supp for the City of Wells dated August 7, 2002, which supported the formation of the district. The board discussed the size of the dam in the past and the recreational activities. Vernon Dalton who represented the petitioners reviewed the benefits of the dam; the proposed repair of the dam and the canal system. He did not believe there were opponents within the district opposing the formation of the district. Commissioner Lloyd noted the opponents were outside the district. Commissioner Roberts noted for the record that they had received a petition and inquired if adjacent property owners wished to be included within the district. Commissioner Russell reported that the Humboldt River Water Basin Authority had reviewed this issue and he had no objection to the formation of the district. However, there were legal questions involved such as the source of the water, availability, etc. He stated that until those issues were resolved he preferred the County not be involved and he had a similar objection here. He noted the proper mode and execution of this petition and request it would put him in a position to vote in favor of this issue. Commissioner Lloyd noted statutory everything had been performed. Commissioner Roberts noted they had received a copy of the boundary and inquired about the division of the districts. Kristin McQueary stated the proponents of the irrigation district had prepared a map, prepared the division, and proposed the name of the directors to be placed upon the ballot. Commissioner Lloyd noted Randy Brown had drew a map of the proposed district. Win Smith, County Clerk, stated she had the map and the question for the sample ballot prepared. She stated they would send that sample ballot out to the 15 owners effected. Kristin McQueary reviewed the ballot question. Commissioner Roberts inquired about the division of the district. Kristin McQueary stated they had to be divided between 3, 5 or 7 divisions, and there were 3 divisions. Commissioner Roberts requested if anyone was opposed to the metropolis district. He requested that the record reflect that no one came forward opposing the irrigation district. The Board considered approval of an order organizing an irrigation district called the Metropolis Irrigation District, pursuant to NRS , et. seq. MOTION: Commissioner Lloyd moved to grant approval of an order to organize the Metropolis Irrigation District, pursuant to NRS , et. seq. Commissioner Nannini seconded the motion. The motion was passed unanimously. Commissioner Roberts stated that if the petition was granted the Commission shall order that the question be placed upon the ballot and also submit the names of one or more persons to be voted for the directors. PAGE 10

11 Kristin McQueary suggested that they name the district, define the boundaries, and divide the district into divisions. She stated they would have to order that it be placed upon the ballot and then submit the names. She felt they could do that all within one motion. Kristin McQueary suggested it be done by legal description because the map prepared was not a Record of Survey. Commissioner Lloyd inquired if they could make a motion based upon how it was presented in public notice Kristin McQueary replied yes. MOTION: Commissioner Lloyd moved to name it the Metropolis Irrigation District; that the boundaries are as described in the public notice , and they direct or approve it that it be placed upon the ballot for the November election. Kristin McQueary noted that they also needed to divide the districts into divisions and submit the names of one or more persons to be voted upon as the directors. Commissioner Lloyd amended his motion to include that they divide the district into divisions and provide names of those who would serve as director of each of those districts. Kristin McQueary noted that the proponents of the petition had submitted proposed names of the directors to the divisions to the Clerk s Office. Commissioner Nannini seconded the motion. The motion was passed unanimously. Commissioner Roberts noted that since the petition was granted the Commission had to Order the question to be placed upon the ballot. Commissioner Lloyd noted that was included within his motion. Commissioner Roberts noted that the notice of election had to be placed in the newspaper two weeks prior to the election. MOTION Commissioner Nannini moved to publish the notice of election two weeks prior to the election. Commissioner Russell seconded the motion. Kristin McQueary stated it would have to be placed upon the general election because they could not meet the deadline for the primary election. Commissioner Nannini amended his motion to publish the notice of election two weeks prior to the general election. Commissioner Russell seconded the amendment. The motion was passed unanimously. Kristin McQueary noted that if approved by the voters, during the Board s vote canvas they have to enter an Order and file a plat with the Recorder s Office. Commissioner Roberts inquired who provided the plat. Kristin McQueary reviewed the statute stating that a copy of such order and a plat must be certified by the Board of Commissioners must be filed in the County Recorder s office. Kristin McQueary noted the map in the Clerk s Office was not a record of survey and she would speak with Randy Brown about that plat specification. COMMENTS BY THE GENERAL PUBLIC: PAGE 11

12 No public comments were submitted. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Kristin McQueary noted that the District Attorney s office was asked to look into whether a County employee could bid upon bid items at the Sheriff s auction. She stated the AG opinion that stated that if the County employee was instrumental in placing that item in the auction, then they should not be bidding upon that item. She stated the employees could not bid upon items from their department. Commissioner Lloyd inquired if Board members could bid. Kristin McQueary stated the Board members and the County Treasurer could not bid at the auction MOTION: Commissioner Nannini moved to adjourn the meeting. Commissioner Lloyd seconded the motion. The motion was passed unanimously. There being no further business to come before the Board, the meeting was adjourned until August 21, ATTEST: MARILYN TIPTON, Deputy County Clerk APPROVED: BRAD ROBERTS, Chairman PAGE 12