STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. JUNE 18, 2003

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1 STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. The Board of Elko County Commissioners meet in a regular session on June 18, 2003, at 1:30 p.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko, Nevada. There were present: County Commissioners John Ellison, Chair Mike Nannini Warren Russell Sheri Eklund-Brown Charlie Myers County Manager Robert Stokes Chief Financial Officer Cash Minor District Attorney Gary Woodbury Deputy District Attorney Kristin McQueary Deputy County Clerk Marilyn Tipton Safety Coordinator Bill Webb Road Supervisor Otis Tipton Public Works Lynn Forsberg Planning and Zoning Randy Brown County Treasurer Caesar Salicchi The following proceedings were held: Chairman Ellison called the regular meeting to order at 1:30 p.m. He noted that all commissioners were present. PLEDGE OF ALLEGIANCE: Commissioner Myers led the meeting participants in the Pledge of Allegiance COMMENTS BY THE GENERAL PUBLIC: No public comments were submitted. PROCLAMATION 2003-L SUPPORTING THE 2003 ELKO MOTORCYCLE JAMBOREE THAT WILL BE HELD JUNE 20, 21, & 22, 2003: The Board considered Proclamation 2003-L, entitled, A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS SUPPORTING THE 2003 ELKO MOTORCYCLE JAMBOREE THAT WILL BE HELD JUNE 20, 21 & 22, The Jamboree was projected to bring in 6,000 visitors and provide an exciting three day event for everyone that enjoyed or was interested in the motorcycling experience. MOTION: Commissioner Myers moved to approve Proclamation 2003-L, entitled: A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS SUPPORTING THE 2003 ELKO MOTORCYCLE PAGE 1

2 JAMBOREE THAT WILL BE HELD JUNE 20, 21 & 22, Commissioner Nannini seconded the motion. The motion was passed unanimously. Commissioner Myers read the 2003-L into the agenda. He stated he would read it at the opening ceremonies on Friday. PROCLAMATION 2003-M DESIGNATING THE 5 TH OF JULY 2003 AS DR. GEORGE MANILLA DAY: The Board considered Proclamation 2003-M, entitled, A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS DESIGNATING JULY 5, 2003 AS DR. GEORGE MANILLA DAY, to honor Dr. Manilla for his long time service and contributions to the citizens of Elko County. Commissioner Ellison stated that this Proclamation would be read during the 4 th of July fireworks event. MOTION: Commissioner Myers moved to approve Proclamation 2003-M, entitled: A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS DESIGNATING JULY 5, 2003 AS DR. GEORGE MANILLA DAY. Commissioner Nannini seconded the motion. The motion was passed unanimously. PROCLAMATION 2003-N DESIGNATING THE FIRST WEEK OF JULY 2003 AS AMERICA VETERAN AND MILITARY FORCES WEEK: The Board considered approval of Proclamation 2003-N, entitled, A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS DESIGNATING THE FIRST WEEK OF JULY 2003 AS AMERICA VETERAN AND MILITARY FORCES WEEK, to honor the Courage, Sacrifice and Contributions of our Veterans and Military Personnel to our Country. MOTION: Commissioner Russell moved to approve Proclamation 2003-N, entitled: A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS DESIGNATING THE FIRST WEEK OF JULY 2003 AS AMERICA VETERAN AND MILITARY FORCES WEEK. Commissioner Myers seconded the motion. The motion was passed unanimously. Commissioner Russell read Proclamation 2003-N into the record. He noted that there were several members of the Commission that was veterans of foreign wars. Also, there were a number of the county personnel that were veterans and some were actively serving as reservists. NAVY LEAGUE OF THE UNITED STATES - ELKO NEVADA COUNCIL: PROCLAMATION 2003-O HONORING NICHOLAS HALTON AS THE ELKO NAVY LEAGUE SELECTION FOR THE PATRIOT S AWARD: PAGE 2

3 The Board considered approval of Proclamation 2003-O, entitled, A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS HONORING NICHOLAS HALTON AS THE NAVY LEAGUE OF THE UNITED STATES - ELKO NEVADA COUNCIL SELECTION FOR THE PATRIOT S AWARD. Commissioner Ellison stated that this proclamation would be presented during the 4 th of July firework s event. MOTION: Commissioner Myers moved to approve Proclamation 2003-O, entitled: A PROCLAMATION BY THE ELKO COUNTY BOARD OF COMMISSIONERS HONORING NICHOLAS HALTON AS THE NAVY LEAGUE OF THE UNITED STATES - ELKO NEVADA COUNCIL SELECTION FOR THE PATRIOT S AWARD. Commissioner Nannini seconded the motion. The motion was passed unanimously. DECLARATION OF EMERGENCY MORMON CRICKETS: Commissioner Ellison gave an updated report on actions taken by the County and other agencies to address this emergency. He stated that Cash Minor had informed him of several groups of crickets were traveling toward the Spring Creek mobile home section. Commissioner Ellison stated that they also needed to get some bait to Clover Valley because of the grasshoppers. He stated they had attempted to put a barrier around the City of Elko and around the Spring Creek mobile home section. Cash Minor noted they were on Hamilton Stage Road. Commissioner Ellison noted they were pushing them away from the City. He stated they did get $90, from the State Emergency to address this emergency, and Congressman Gibbons were working with them to get more funding for the outlying areas. He stated they hoped to do an aerial spray next Spring to kill the eggs. He stressed that it would be worse next year if they could not kill the eggs. Holly Gregory submitted pictures of the Mormon Crickets in the different locations that they had baited. Commissioner Ellison noted they were moving down from Burner Basin back down into Last Chance Road due to the fire in Burner Basin. Holly Gregory stated they had baited along Last Chance Road. Commissioner Ellison reported there were four people of the Ag Extension spraying, together with the Honor Camp, and Holly Gregory had five volunteers distributing the bait. He stated they had several volunteers in the Western Hills area distributing the bait. Commissioner Ellison reported that there had been an from Washington to Congressman Gibbons that the Department of Ag was ready to declare the State of Nevada a disaster. He stated the County may be eligible for federal funding. Commissioner Ellison stated the Department of Emergency Services had really helped them speed up the paper work to get the financial backing. He noted it was not only Mormon cricket but also grasshoppers were becoming a problem. Commissioner Myers noted they have a very devastating situation with the number of crickets and the amount of damage they could do. However, they have several major events planned this weekend and for the next several weeks here in Elko. Commissioner Myers stated that due to some of the sensationist coverage that they had gotten they have already had some PAGE 3

4 cancellations for the motorcycle jamboree. He believed that they should let the media be aware that they have a very serious situation in the County but the events were still going on and travel to and from Elko was safe. He felt they should send a double message. He was worried about the media impact upon the businesses. Commissioner Ellison agreed there was the need to be careful on medial information. Commissioner Myers noted that they were contacting the Reno Gazette this afternoon letting them know there were no safety issues, no hazards and the Motorcycle Jamboree was still going on. Commissioner Ellison noted that if it was not for the aggressive approach, then the City of Elko would be in trouble. Holly Gregory reported upon the rate of their travel. Commissioner Myers noted about 3:00 p.m., they were on Hamilton Road and by 5:15 p.m. the crickets were not in the same area. He noted people had called regarding their cricket problems. Holly Gregory cautioned him the bait would attract thousands of these crickets. She stated the spray would kill the ones being sprayed. She noted that there were thousands of them when they travel. Amy Flammang stated that she went for a walk and there were over hundred above her home in Spring Creek. She stated they were on the road behind the Spring Creek mobile home section up on the mountain toward the telephone relay station. She noted that she had seen them several years ago and last year they appeared more black in color. She felt that they had been laying eggs off the side of the road in the dry ground. She noted they seem to move more in the evening. She cautioned that they needed to be stopped and they should get them at the source, the eggs. Amy Flammang suggested that they place the bait higher on the mountain and kill them at the source. She felt they should advertise for volunteers to dispense the bait. Commissioner Ellison noted they were trying to bait higher on the mountain and had to carry the bait in because they could not get the 4-wheelers in that area. Commissioner Ellison noted they were trying to keep them out of the populated areas. Amy Flammang suggested they solicit for a volunteer group. Commissioner Ellison noted that Holly Gregory had solicited for volunteers. Commissioner Russell inquired if Holly Gregory had spoken to the people of the SCA because it seemed to him they should coordinate with the people of SCA so they do not overlap the applications of bait. He felt SCA would be a good focal point to coordinate from. Commissioner Russell inquired about the damage done by the crickets. He noted a person in Ten Mile stated they came through and ate the noxious weeds. Amy Flammang inquired what happened to the seagulls at the Spring Creek landfill. She noted that the seagulls would eliminate the Mormon crickets. Commissioner Ellison stated that the seagulls were at the City landfill and the City of Elko would have to answer that question. Holly Gregory noted that the crickets were not eating a lot right now. She had been told that when they turn black, then they would eat more. She encouraged volunteers to call her. Commissioner Ellison stressed that due to the upcoming events they need to keep the crickets out of the city limits. He noted that Chuck was present at the meeting and he was from the San Francisco Chronicle. He pointed out to Chuck that within the City of Elko they were bug free. Commissioner Myers noted there had been cancellations to some of the events due to the fear of crickets. He hoped that Chuck would report it so that their PAGE 4

5 upcoming events would not be affected by the media information. Kevin Lee, NDOT stated he had received a phone call from Carson City office. The Carson City office had received calls from concerned motorcyclists who were calling them to see if the roads were clear. He stated that they were passing on to the people that the roads were open and safe. Commissioner Ellison suggested that information be put upon the radio stations. Commissioner Myers did not believe it was the local media but perhaps the outlying press was picking up something. Kevin Lee stated the other day they had someone bait upon the side of the road on the asphalt. He stated they would rather bait themselves or have the Department of Agriculture bait for them. He stated they were trying to keep the bait away from the highway. Commissioner Ellison stated he would like to break this board down into five sections and he asked Commissioner Myers to take the west side of Elko. He requested the Commissioner Nannini address Clover Valley. He asked that Commissioner Eklund- Brown take the North side of Elko. Commissioner Russell was asked to take the Spring Creek area. He requested the Board members to report to Cash Minor or Robert Stokes if they saw any large numbers of crickets so the bait could be distributed to those areas. Kevin Lee stated that NDOT should be contacted if they spot them along their rights of way. Commissioner Russell noted that the biggest problem last year was that agriculture was affected by the grasshoppers. He had started spraying for grasshoppers on his place. He cautioned them they may have to respond to a large infestation from the grasshoppers. Commissioner Ellison noted they had received three calls from the Lamoille area reporting swarms of grasshoppers. Commissioner Russell noted there were young grasshoppers on his property. Commissioner Nannini noted Mr. Dalton had one of his field wiped out and Mr. Dalton had been baiting and spraying. Cash Minor noted the Department of Agriculture had a spraying program in the Tuscarora area and that spraying had been accomplished. Commissioner Ellison noted they had funding coming from the Department of Emergency to pay off the rest of those bills. Cash Minor noted they were only reimbursed for 50% last year and those claims had been paid. Roche Bush showed pictures of the crickets on his house. He noted the crickets did not eat his lawn but ate a few plants. He reported that he also had grasshoppers at his home also. He suggested that they catch them when they are young. He inquired where they were applying the bait because they were not only on the private land. Roche Bush felt the feds should come up with some financing since the County was over 80% federal property. Commissioner Ellison stated that he and Cash Minor had spoken with them. Commissioner Nannini noted in February they had been turned down for funding. He stated they tried to get spraying in Tuscarora done last year and they were turned down for funding. Commissioner Ellison noted they had a proactive board working on this. Chairman Ellison called the Jackpot Town Board to order at 2:15 p.m. and reconvened the regular meeting to order at 2:25 p.m. WORLD RENEW WASTE TIRE MANAGEMENT FACILITY: The Board considered approval of a letter to the Nevada Division of Environmental Protection (NDEP) supporting the approval of a permit for World Renew to recycle tires in PAGE 5

6 Wells, Nevada. NDEP was accepting comments until June 27, 2003 regarding its proposal to issue a permit for the construction of a waste tire facility by World Renew in Wells, Nevada. MOTION: Commissioner Myers moved to approve a letter to the Nevada Division of Environmental Protection (NDEP) for World Renew to recycle tires in Wells, Nevada. Commissioner Russell seconded the motion. Commissioner Nannini noted this project was really moving along. He stated that Jolene Supp kept him updated. He stated that Senator Reid helped them on the equity situation. He felt that the financing would be in place within a week or so. The motion was passed unanimously. JUVENILE TASK FORCE GRANT: The Board considered approval of an amended Juvenile Task Force Grant. Due to federal budget cuts, the School Police Officer position had been terminated and a new budget was prepared. The required match was paid by the Elko Police Department, the Elko County Sheriff s Department and the Elko County Juvenile Probation Department. The new budget reflects a $572 shortage in the County s contribution. The Juvenile Probation Department had agreed to make up the difference. James Watson stated their position was to make up the shortage through the assessments. He stated that Juvenile and the Sheriff s Department supported this program. Commissioner Nannini inquired if they cut the position because it was short $ James Watson stated that they cut the budget by $62,000 but with the aid of the Sheriff s Department, the City and his budget they made up the difference. Sheriff Harris noted that this was a federal grant program that had been successfully operating for a number of years. However, with the governmental budget cuts they had to reevaluate their budgets to support this position. Sheriff Harris noted they had one School Officer who had resigned so the school decided to do away with the other school officer position. He stated the only way they would have school police was if the school decided to pick it up on their own. Sheriff Harris stated they decided to pick up the school officer for the Juvenile Task Force and the Task Force would operate in the school, at the request of the school. He noted that James Watson would pick up the $ shortage so there would be no reduction at all in the task force. MOTION: Commissioner Eklund-Brown moved to approve an amended Juvenile Task Force Grant. Commissioner Russell seconded the motion. The motion was passed unanimously. COMBINED NARCOTICS TASK FORCE UNIT GRANT: The Board considered the FY 2002/2003 and FY 2003/2004 Combined Narcotics Task Force Unit Grants including funding of the County portion of the grant match. Cash Minor reported it was not in the budget for FY 2002/2003 nor the FY 2003/2004. He stated this had been in the Sheriff s tentative budget request for PAGE 6

7 2003/2004. He stated it was tentative up to the final base budget then it seemed to disappear during base budget. Sheriff Harris noted that this was an ongoing program, and in the past the Commission had approved the position and the grant. He stated it had been funded through the forensics money. He stated that apparently that money was gone and there was no more funding in forensics. Commissioner Ellison stated he understood that the legislature would fund this through the State. Cash Minor noted that later in the agenda there was a budget Resolution to pay this year s match out of contingency funding. Commissioner Ellison inquired what that amount would be. Cash Minor replied $34, funding for this year. Sheriff Harris stated the $34, would be his portion for this year. Commissioner Myers noted that Cash Minor had stated that they did not pay it in 2002/2003. Cash Minor stated that for FY 2002/2003 there was no budget anywhere. He stated that prior to this Fiscal Year the forensic fund was making the match. Commissioner Ellison inquired about funding for this program. Cash Minor stated for FY 2002/2003 with the budget adjustments as proposed they would be okay for this year. However, the FY would be $33, funding. Commissioner Myers noted that for FY 2002/2003 it would come from contingency. Cash Minor stated that raised the issue that they would have a grant starting on July 1, 2003, which they would need the $33, Commissioner Ellison inquired if the City was participating. Sheriff Harris stated the City had funded their portion and this was the County s portion. MOTION: Commissioner Nannini moved to support FY 2002/2003 AND FY 2003/2004 Combined Narcotics Task Force Unit Grants. Cash Minor stated they could only make the motion for FY 2002 and Then the Board would have to decide what to do in FY 2003/2004 because they were talking about two different budget years. Commissioner Myers inquired if this was addressed later in the agenda as a Resolution. Kristin McQueary stated this discussion was getting confusing and requested that they all withdraw their motions and start fresh. Commissioner Nannini withdrew his motion. Cash Minor stated for FY 2002/2003 they did not need a motion at this time because it was later on the agenda in Resolution form. He inquired of the Board what they planned to do for FY He stated that was the fiscal year that they needed a Motion upon. Commissioner Nannini inquired what the amount was they needed for FY 2003/2004. Cash Minor replied $33, MOTION: Commissioner Nannini moved to approve FY for the Combined Narcotics Task Force the $33,710 to continue the County s portion of the grant match. Commissioner Eklund- Brown seconded the motion. Cash Minor inquired what fund did he want this money to come from. Commissioner Nannini stated from the contingency. PAGE 7

8 Commissioner Eklund-Brown seconded the amendment. Commissioner Myers inquired about other allocations from contingency. Cash Minor replied they took $14, out of contingency for the Public Guardian. He stated that $375, remained in that fund. Commissioner Eklund-Brown inquired where the funding for the crickets came from. Cash Minor stated that $35, came out of this year s contingency. Commissioner Nannini stressed that they needed this position to keep a handle on the situation. Sheriff Harris stressed that they needed this program for the whole county. Commissioner Myers felt that if this was that important then it should be included successfully in future budgets. Commissioner Ellison felt that Cash Minor should address this next year. Sheriff Harris noted grant funding helped them to fund a portion of this position but there was not 100% grant funding. Commissioner Russell agreed with Commissioner Myers, however, they should have everything in advance so they could look at the budget. He stated that contingency was for emergency situations that they were not aware of. He noted they were looking at a position that was not funded in the budget and should have been considered during the budget process. He cautioned that they should be more careful and look in advance as to situations such as this. He stated they should be aware of the remaining amounts in the contingency which was to address emergency situations. Sheriff Harris noted this had been a continuing line item in Sheriff s budget for a number of years. He stated previously it was submitted every year and financed by the forensics funds. The motion was passed unanimously. ELKO COUNTY HUMAN SERVICES DEPARTMENT: Uniform Elko County Department of Social Services Guidelines: The Board considered an amendment to the County s Medical Assistance Program policies that would reduce the level of reimbursements for indigent health care services. The Northeastern Nevada Regional Hospital offered to Elko County a reduced reimbursement rate to assist the County in paying its indigent health care bills. This change in the policies reflects this agreement and other adjustments. Jerilyn Underwood suggested that the Board revise the County s guidelines with regards to giving her staff direction on the appropriate manner in which to pay the Northeastern Regional Medical Center based upon the arrangement made between Cash Minor and their Chief Financial Officer. She stated they had been paying 75% on the bills and the hospital had agreed to reimburse them 45 cents on the dollar. She stated they wanted that reflected in the Indigent Medical fund. Cash Minor noted that through various meetings with the hospital, because of the indigent funding being so low, they had not paid the indigent bills with the hospital for approximately two years. Cash Minor stated that the understanding that was reached with the Commission was that if there was additional funding provided into the indigent fund, which the Board had done with the two-cent tax rate increase, the hospital would accept reimbursement of those bills plus future bills at their medicaid rate which was 45 cents on the dollar. He stated that was what this change was doing putting it into the County s guidelines that the hospital would be reimbursed 45 PAGE 8

9 cents on the dollar. Commissioner Nannini noted they had asked for 50 cents and then it was reduced to 45 cents on the dollar. MOTION: Commissioner Nannini moved to approve an amendment to the County s Medical Assistance Program that would reduce the level of reimbursement for indigent health care services. Commissioner Myers seconded the motion. The motion was passed unanimously. Public Guardian - Independent Living Grant: The Board considered approval of a Nevada Department of Aging Independent Living Grant application for $50,000. This was the second year of this grant request. The grant, if approved, would be used to prevent premature placement of the elderly into nursing home facilities. Services may include nutritional services, personal care, case management, companions, advocacy, homemakers or other similar services. Jerilyn Underwood, Human Services, and Kathy Geary, Public Guardian, requested approval of the grant application. Jerilyn Underwood stated they wished to be proactive and keep the seniors at home rather than putting them in care facilities. She reviewed the problem last year with the State funding this. She noted that Kathy Geary this year would be working under the umbrella of her department. MOTION: Commissioner Myers moved to approve a Nevada Department of Aging Independent Living Grant Application for $50, Commissioner Nannini seconded the motion. Jerilyn Underwood stated in this grant she would be requesting $9,000 out of the $50,000 for part-time help. Robert Stokes noted it was part of the grant application and this was only informational for the Board. The motion was passed unanimously. Community Service Block Grants: The Board considered approval of the procurement of social services grant data collection software. Elko County received approximately $80,000 annually in the form of social services grants. These grants require a large amount of reporting data in order to continue to receive the funding. The Nevada Community Action Board had developed three options for a statewide social service data collection system. They were currently attempting to secure a grant to help pay for this system. However, the County may be required to provide funding to utilize this system to continue to receive these social services grants. Jerilyn Underwood noted they had developed high tech software and the applications had become very detailed. She stated that this software would help them a lot on applying for grants. Commissioner Myers inquired if there was a match. Jerilyn Underwood stated not that they were aware of at this point. She stated the Nevada Community Action Board would attempt to write the grant to pay for this software. She stated that the software was already developed and it was her objective to get the Board s permission. She PAGE 9

10 recommended that the software be located with the State of Nevada as the server for this software. She stated that would be the least expensive of the three options available. Commissioner Myers inquired about the costs for the options. Jerilyn Underwood stated under option 1: The data base site would be from $58,000 to $90, However, if the State of Nevada was the server it would cost between $15,000 to $20, She stated an on site agency at NCA would be between $69,000 to $82, She stated they were hoping to write grants to cover these costs. Robert Stokes requested clarification that she just wanted options 2 or 3, there was no obligation at this point, and she would attempt to receive grant funds to fund this coalition s cost. However, if that did not work, then at a future date she would come back before the Board. MOTION: Commissioner Russell moved to approve, option 2 contingent upon subsequent approval if funding was not available. Commissioner Eklund-Brown seconded the motion. The motion was passed unanimously. Commissioner Ellison cautioned her that there was no funding budgeted for this. ELKO COUNTY AMBULANCE SERVICE: The Board considered approval of a Medical Director Agreement for a licensed physician to serve as the Ambulance Service Medical Director. The Director would review ambulance practices, standards, protocols and policies. Robert Stokes noted that Bill Webb had a conflict in scheduling this afternoon. He stated that this was required by State law that they have a medical director. He noted that the County had a previous contract for a medical director for a number of years. In speaking with Bill Webb, the previous contract was with the County hospital in the approximate amount of $5, MOTION: Commissioner Myers moved to approve a Medical Director Agreement for a licensed physician to serve as the Ambulance Service Medical Director. Commissioner Nannini seconded the motion. The motion was passed unanimously. NEVADA DIVISION OF EMERGENCY MANAGEMENT / DEPARTMENT OF ENERGY GRANT: The Board considered approval of a non-matching Nevada Division of Emergency Management / Department of Energy Grant for $442,800 over a four-year period for personnel, training and equipment to enhance Elko County s Hazardous Materials and low level radioactive waste response capabilities. Robert Stokes noted this was the ongoing grant funding from the Department of Energy for a position in the West Wendover Fire Department but that position served the various fire departments across the county as well as some of the equipment so that the County was better prepared to deal with hazardous materials and low level nuclear waste.. MOTION: Commissioner Russell moved to approve the non-matching Nevada Division of Emergency Management/Department of Energy PAGE 10

11 Grant for $442, over a four (4) year period. Commissioner Nannini seconded the motion. Commissioner Nannini felt they should send a letter to Jeff Knudtson thanking him for his efforts in acquiring this funding, and for sharing his training and equipment with the rest of the County. The motion was passed unanimously. Chairman Ellison called a recess at 2:48 p.m. and reconvened the meeting at 3:00 p.m. ELKO COUNTY PLANNING & ZONING COMMISSION APPEAL HEARING: Marvel-Jenkins Ranches: Pursuant to County Code (A), Marvel-Jenkins Ranches appealed the action of the Elko County Planning Commission relating to the denial of a parcel map to create a ten-acre parcel. Pursuant to County Code (D) the Board of County Commissioners held an appeal hearing, and at the conclusion of the subject appeal hearing, the Board may sustain, modify or overrule the action of the Planning Commission in the matter, or may refer any such matter back to the Planning Commission for further proceedings, pursuant to County Code (E). Randy Brown noted that the Planning Commission denied the parcel map due to Code 5-4 that required a 60 feet road right of way and the minimum standard road be constructed to this parcel. However, he stated there were mitigating circumstances along this parcel. He stated this parcel was part of an overall ranch which contains a recreational area. The applicant had acquired an access permit from NDOT and from the Bureau of Indian Affairs to cross lands with a private 6 feet wide easement. The reasons they would like to have a 6 feet wide private easement was due to the location of the parcel which was adjacent to the Wildhorse Reservoir. He stated that they feel a public road would invite public access to their privately owned ranch area. Randy Brown stated he was not in disagreement. His recommendation was they could approve it with the condition that the easement remains open and was attached to the parcel until that parcel was no longer in existence. MOTION: Commissioner Nannini moved to approve Randy Brown s recommendations. Commissioner Myers seconded the motion. The motion was passed unanimously. ASSEMBLY BILL 23 (AB 23) - ELECTED OFFICIALS SALARIES: The Board considered the County Commissioner s salary increases in accordance with AB 23. AB 23 was approved by the Legislature and signed by the Governor. This bill gave all County Elected Officials except County Commissioners a salary increase after eight years of no salary increases. Most of the Elected Officials received a 26.65% increase. This bill authorized the County Commissioners to increase their salaries up to the same % increase. PAGE 11

12 Cash Minor stated AB 23 provided a 36.41% salary increase to the District Attorney, and the Sheriff. For all other elected officials which would be the Clerk, the Assessor, the Recorder, and the Treasurer it provided them with a 26.58% increase. He reported that the third section of the bill allowed the County Commissioners to implement a raise for themselves not to exceed the 26.58%. He stated currently if they increased their salaries by the 26.58%; there was a $47,000 budget savings because they originally budgeted the NACO bill at the 35%. Commissioner Myers requested clarification upon the amount of savings. Cash Minor stated there would be a $47, savings if they implement the 26.58% for themselves. Commissioner Myers inquired, if during the budget session, they had increased the salaries for the department heads. Cash Minor replied yes, by 3%. Commissioner Myers noted the $47,000 savings could go for the grant they just approved out of the contingency. Commissioner Russell inquired what the amount would be at 3% for the elected officials. Cash Minor replied $3, for the five commissioners. He noted that Commissioner Nannini would be more because he had longevity. He stated it would be an increase of $ per commissioner for base salary. Commissioner Eklund- Brown inquired how long it had been since the Commissioners had increased their salaries. Cash Minor replied eight (8) years because that had been the last time there were any adjustments made to that statute. Commissioner Eklund-Brown inquired if that eight-year period was across the board for appointed and elected. Cash Minor replied for appointed and elected it had been eight (8) years since there was an increase. Commissioner Eklund-Brown inquired what the salary increase had been for the employees. Cash Minor replied over the eight (8) year period there was a 40% increase. He stated the department heads, the appointed department heads, had been given a cost of living of 22% with no increase for the elected officials during the eight year period. Cash Minor noted the 3% step increase amounted to about $30, or $29,000 for the non-appointed, nonrepresented for just this year. Commissioner Myers inquired about their increase for the last eight years. Cash Minor noted they allowed the COLAS which was in the contract which amounted to the 22% over the eight year period. Robert Stokes noted the contract employees had 40% over the past eight (8) years and the department heads had an increase in the approximate amount of 22%. Cash Minor noted if they were there the whole eight year period. Roberts Stokes clarified that the elected officials received nothing during the 8 year period. He stated that now they could possibly get up to 26.65%, the commissioners and the other elected officials with the exception of two positions. Robert Stokes requested clarification that the commissioners could go up to 26.65% after eight years. Cash Minor replied that was correct. Commissioner Myers inquired about the non appointed department heads salary increase. Cash Minor replied it was a 22% increase. Commissioner Myers did not think they should increase the Commissioners salary more than 22% which would be the same salary increase. He inquired at that percentage what would the amount be put back in the general fund. Cash Minor requested a few minutes to tabulate the amount. Robert Stokes noted that past history showed it may be another four to eight year period before this was addressed again. MOTION: Commissioner Myers moved that they approve AB 23 elected PAGE 12

13 officials salary bill for the Commissioners at the set rate of 26.65%. Cash Minor noted there was one correction. He stated that actually calculated out to be 26.58% when they look at the actual bill. Commissioner Myers amended his motion to 26.58%. Commissioner Eklund-Brown seconded the motion. Commissioner Russell felt they wanted to approximate the value of the services that the Commissioners gave to the county. He stated over this time by decreasing the amount they limit the numbers and types of people who would be willing to serve as County Commissioners. He noted that on an average he dedicated over 22 hours a week to this job. He stated there were other costs associated with this position. He stated that if someone was working a full time job and had to dedicate 22 hours a week above his full time job or not to work but do this job alone, it was a big dedication. He felt that subsequently the commissioners on this commission deserve credit and compensation for what they were doing. He noted that from time to time there were Commissioners that did not work as hard but that was not the case with this particular board. He stated that everyone here worked extremely hard and put in long hours and dedicated lots of money to the community besides what they were compensated. Commissioner Eklund-Brown agreed with Commissioner Russell. She stated there was a lot of time spent on this job and she felt that she put in at least 20 and probably more like 40 hours per week on this. She noted that she was juggling everything including her family but she loved the job. She stated she was looking down the road to subsequent Commissioners and just compensation for them. She stated she heard when she was running that there was not enough to inspire anyone to run for commissioner because of the time. Commissioner Ellison noted he put in a minimum of 30 to 60 hours a week for Commissioner duties. He stated he used his salary for travel for the county. He stated that he spent $15, a year just on County business alone. He reported that he tried not to turn in rooms, motels, food, airplane tickets and if he had to go somewhere, he usually paid 99% of that travel expense. However, he believed there were shortfalls and those shortfalls should reflect on this Board. Commissioners Myers, Eklund-Brown and Russell voted aye. Commissioner Nannini and Ellison voted no. The motion was passed by a 3-2 majority vote. BUREAU OF LAND MANAGEMENT PROPOSED LAND SALE: The Board considered comments regarding BLM s proposal to sale 1517 acres in Elko, Eureka and Lander Counties. BLM proposed to sale ten parcels of land that were 40 to 320 acres in size. Six of the parcels were in Elko County. Written comments were being accepted until June 25, MOTION: Commissioner Myers moved to support the BLM s proposal to sale 1517 acres in Elko, Eureka and Lander Counties. PAGE 13

14 Commissioner Russell seconded the motion. The motion was passed unanimously LEGISLATIVE SESSION: The Board discussed Legislative action affecting Elko County from the 2003 Legislative Session and the Special Legislative Session. Stephanie Licht, Legislative Consultant, submitted a written document with a summary of the legislative session. She stated this contained a summary of the bills signed by the Governor on June 12, She stated that 77% of the bill drafts that were written have become bills and of those bills that were brought forward 1,064 about 48% was signed by June 12 th according to her figures. She stated 706 bills may have a potential affect on the County of Elko but she did not include all the public employees or public benefits bills. She stated that approximately 66% of the bills written would affect all the counties in general. She believed 259 bills signed by the Governor would directly effect Elko County. Stephanie Licht stated on the 120 day average about 9.86 bills were considered per day, with 4.28 bills that were processed per day that were signed, and 2.1 bills enacted per day which may affect the county. Stephanie Licht commented that there were more conference committees held this year than any other year over the last six years. She stated the Senate and Assembly were holding conference committees to discuss the bills to work out their difference. She noted there was more discord on several bills than she had seen in the past. She stated there were 53 conference committees held. She reported that she had given a CD to Cash Minor which had the bulk of these numbers on it. Stephanie Licht stated that approximately 800 lobbyists had registered this session to present their viewpoint. Stephanie Licht stated there was one bill, AB 23 which had a tough time getting through. She reviewed the bill on the Ethics Commission. She stated the Ethics Commission was made up to study ethic complaints in the Counties so they would allocate costs of the Ethics Commission to the counties based upon their population. She stated that Elko County and the City of Elko would pay approximately 2.1 % for the Ethics Commission. Stephanie Licht had inquired of Bob Hadfield if this was an unfunded mandate. She stated had submitted the projected interim committee meetings. She stated they have six (6) different interim studies planned. She stated there were two that would affect this County, one was the study on the Nevada/Utah boundary and the other study was wilderness. She commented that 3 to 4 of the studies dealt with health issues. Stephanie Licht stated she had included a page on lobbying telling them what a lobbyist did. She had included information from the special session with regards to the taxes and budget. Stephanie Licht commented that the Assembly gave up because they could not reach an agreement and they had hoped that the Senate bill would have passed, but it didn t. She noted that they did have the opportunity to present some testimony before the committee of the whole in the Assembly regarding small banking. Stephanie Licht stated she had been working with Annette Kerr of McClaskey Enterprises on the room taxes. She stated that the Nevada Resort Association came in full force. She became one of the PAGE 14

15 witnesses for the Nevada Resort Association against the room tax. She stated later on they had a work session and Nevada Resort Association requested that she testify on their behalf. She reviewed a portion of her testimony and the economic effect of $400, She had heard the last proposal was a 1% room tax. Stephanie Licht stated that by being there they had an opportunity to testify for the small banks. She noted that the larger banking associations could shift their money across the State lines. However, the hometown banks could not shift that money across the State lines. When she had spoken to some of the hometown banks, they informed her that these 5% franchise fees on the banks would have to be passed on to their customers. They believed that it would be very detrimental to the people of Elko County. She had the opportunity to appear before the select committee on taxation for the Assembly and give them that information. She noted that the discussions upon the franchise fees were like a yo-yo during the legislature session. Commissioner Ellison inquired about another session under the emergency clause. Stephanie Licht reported that the special session would convene on the 25 th of June at 8:00 a.m. She felt that they would resurrect the gross receipts tax which the gaming supported. She stated there had been proposed a 1.1% on wages from employees security quarterly reports, line 5. She stated they proposed to cap the wages at 21.5 and then they would pay 1.1% which would catch all the businesses who had a lot of employees. She noted that the bill did not pass because there was amendment. She stated gaming would not support this because it would cost them more than the gross receipts tax. She stated there may be a resurrection of most of this but there were fewer lobbyists presently. Stephanie Licht stated that the lobbyists that were there were very effective. She stated those lobbyists could look them in the eye and have a lot of influence. She stated that a lot of folks do not want more taxes and would rather have budget costs. Commissioner Ellison noted that there was a threat to shut the government down. Commissioner Nannini thanked Stephanie Licht on behalf of the commission for the job that she did for the County. He noted that she always aided him with their special interests such as on the para mutual and the Wells Tire Recycling Plant. He noted that the county was having budget problems and Commissioner Nannini hoped that the commission reconsidered her representation at the next legislative year. Commissioner Ellison stated he concurred with Commissioner Nannini. He noted the amount of information that Stephanie Licht supplied to him and Cash Minor. Commissioner Ellison believed they would send her to several things in the off session. He noted that she had helped Commissioner Eklund-Brown when she was down there for the first time. Stephanie Licht felt that they had some real successes especially with the para mutual bill which would benefit Elko County, and they would keep pitching on the tire center. Commissioner Russell noted that the legislators he spoke to in Carson City really respected Stephanie Licht. CERTIFICATES OF ACHIEVEMENT: The Board presented a Certificate of Achievement to Spring Creek High School Girls Track Team for their 4 th consecutive 3A State Championship Title. PAGE 15

16 The Board presented a Certificate of Achievement to Jennifer Collen of Spring Creek High School for her 3A State Championship in the Long Jump. The Board presented a Certificate of Achievement to the 4X200 Spring Creek High School Boys Relay Team for their 3A State Championship. The Board presented a Certificate of Achievement to Kristin Hirst of Elko High School for her second straight 4A State Championship Title in the High Jump. The Board presented a Certificate of Achievement to Amber Woodland of Carlin High School for her 1A State Championships in the 100 and 800 Meter Relays. The Board presented a Certificate of Achievement to Lisa Gilbertson for winning the American Legion State Oracle Competition and her 4 th place showing at the National Competition. The Board presented a Certificate of Achievement to Matt Hughey for winning the Samsung American Legion Scholarship through Boys State. The Board presented a Certificate of Achievement to Matt Hughey for winning the Samsung American Legion Scholarship through Boys State. The Board presented a Certificate of Achievement to the Elko 4-H Junior Team of Mandy O Donnell, Jessi Vega, Tate Wines and Kayla Barkdull for their State Title in the Judging Competition. The Board presented a Certificate of Achievement to the Elko 4-H Intermediate Team of Elizabeth Barry, Callie Barkdull, Jim Lotspeich and Andrew Church for their State Title in the Judging Competition. The Board presented a Certificate of Achievement to the Elko 4-H Senior Team of Rob Cavender, Dustin Robinson, Millie Spratling and Sara Morrison for their State Title in the Judging Competition. The Board presented a Certificate of Achievement to the Elko 4-H Quiz Bowl Team of Jamie Vega, Danny Lotspeich, Jim Lotspeich and Glen Callahan for their State Title. The Board presented a Certificate of Achievement to Mandy O Donnell for her State Title in the Junior Competition. MOTION: Commissioner Myers moved to approve the Certificates of Achievement. Commissioner Nannini seconded the motion. The motion was passed unanimously. USFS - SHANTY TOWN FUELS REDUCTION PROJECT: The Board considered comments to the USFS regarding fire prevention activities in the Shanty Town area. The Forest Service proposes to implement fire prevention activities such as placement of greenstrips, reduction of fuel loads and removal / thinning of trees and sagebrush. These proposals were part of the Fire Safe Plan developed for the Shanty Town area. Comments should be submitted by June 30, Bill Van Bruggen, USFS stated that Congress was interested in the national heartland and they had provided financial support for additional resources on the ground so there would be more crews and engines available. He noted that they wished to PAGE 16

17 improve the wildland/urban interface around the communities which were next to wildlands. He noted that throughout the State they had identified those communities that they would like to see some work occur to reduce the threat of fire to those communities. He stated that Shanty Town was one of those communities. He stated that about a year ago they held an unofficial meeting out at the Fish Hatchery and Commissioners Roberts and Lloyd had attended that meeting. Bill Van Bruggen was excited about this program because of the number of partners involved. He stated that the Nevada Fire Council had funded the community fire fighter which had recommended this community to perform some fuels work. He stated the BLM and the Forest Service had been down there with crews. He noted that the Nevada Division of Forestry and the Ruby Lake Wildlife Refuge were also partners. He reported that there were six (6) or seven (7) organizations which were coordinating in that community. Bill Van Bruggen stated that the Forest Service had to perform an Environmental Analysis. He stated the Forest Service proposed that they treat about 150 acres in a couple of different ways. He stated the Forest Service had been out there with their Archeologists trying to determine the treatment. He stated it would be a mechanical treatment and not a prescribed burn. He stated that the department had given them recent direction that gave them more flexibility for exclusions which allowed them to move a little faster. He stated they could perform an analysis a little faster which documentation was different from the Jarbidge EIS. Commissioner Ellison inquired if they needed a letter of support. Bill Van Bruggen replied that a letter of support would be useful. Commissioner Eklund-Brown inquired if this was on private land or on Forest Service. Bill Van Bruggen stated most of what they were looking at would be upon Forest Service but there was private land involved. He stated there was also the Wildlife Refuge who was involved. He reported that a lot of clean up had already occurred. He noted the significant fuel usually was upon private lots. He stated hopefully the peer pressure from people that have already performed their cleanup would encourage more cleanups. Commissioner Eklund-Brown inquired if they would do that in Jarbidge. Bill Van Bruggen stated they had already started a clean up in Jarbidge and in Mountain City. Commissioner Ellison noted several had been performed in the County over the past several years. Bill Van Bruggen stated as long as they were funded by Congress they would continue the program. He stated initially they had contemplated a water system there too but that had not happened. He believed they would be willing to maintain it on Forest property but when he asked who would manage it for the community, no one answered. Commissioner Russell noted that in the proposed actions the County s right of way would be maintained by mowing semiannually. He stated it was his understanding when they looked at noxious weeds, they were looking at getting a machine to mow along the roads. He felt that they should consider putting that machine through RTC for funding. He assumed that if they did not purchase that equipment they would have to lease one. Otis Tipton stated they did not have any mowing equipment and it would have to be acquired. He stated it would not be a brush hog but something with an arm to go over the guardrail. Commissioner Russell believed that the mowing equipment would have to be purchased under RTC. Otis Tipton inquired what rights of way they were discussing. Commissioner PAGE 17