STATE OF NEVADA, ) COUNTY OF ELKO. ) ss. The Board of Elko County Commissioners meet in regular session on September 5, 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 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 County Sheriff Neil Harris --- The following proceedings were held: Commissioner Roberts called the regular meeting to order at 1:30 p.m. CANVASS OF PRIMARY ELECTION RETURNS: Win Smith, Elko County Clerk, presented the Canvass of the Primary Election returns for the election held Tuesday, September 3, 2002, for their signature. She stated that the reason it took so long for the election results was their computer system did not have the enhancement installed. She stated that the Head Deputy Clerk inserted the chip after a phone call to the technical support. MOTION: Commissioner Lloyd moved to accept the canvas of the Primary Election returns for the election held Tuesday, September 3, 2002, as presented to us. Commissioner Nannini seconded the motion. The motion was Chairman Roberts called the Board of County Highway Commissioners to order at 1:33 p.m. and reconvened the regular meeting back to order at 2:15 p.m. Chairman Roberts called the Elko County Liquor Board to order at 2:15 p.m., and reconvened the regular meeting to order at 2:21 p.m. SHERIFF'S DEPARTMENT: PAGE 1
Jail Operations Report: Sheriff Harris gave the operational report and the average statistical population of 84 for the month of July. He now had 68 in custody today after shipping 11 to the State. Elko County Law Enforcement Facility Proposed Upgrading-1999: Charles Voos gave an updated report on the Elko County Jail Addition and Remodeling construction project. He stated that the architect and contractor were going through the waiver of claims from the sub contractors. He stated that there was discussion with regards to a paving contractor claim. He stated there would be a final fire inspection to be performed. Sheriff Harris stated that he hoped the Courts would help with some of their administrative assessments for the recorder and speakers for the courtroom. He stated that through the inmate telephone money they would install the recording equipment and speaker microphones to make it a legal courtroom. He reported that Andrew Puccinelli would like to utilize the courtroom and hopefully the other judges would also utilize that room. Commissioner Nannini stated he had spoken to two of the Justices of the Peace about this matter and their schedules had prevented them from meeting again to view the area and discuss this. Sheriff Harris stated that the Wells Justice of the Peace had utilized her old recording system and held a hearing in the facility. Commissioner Nannini noted that the judges had previously traveled to Reno to view how the system operated. Holding Cells - Courthouse: Charles Voos stated he and Sheriff Harris had inspected the project. They had granted a 20 day extension to the contractor for the delivery of the steel bars and they had added an additional light. He noted they would be painting it within the week. Charles Voos stated that wire mesh would be placed upon the window. Patrol Vehicles: Pursuant to Notice No. 61-2002, NOTICE TO BID - 5-2003 FOUR-WHEEL DRIVE, FOUR PASSENGER, FOUR DOOR, POLICE PACKAGE VEHICLES., bids were to be received by 4:00 P.M. and opened at 4:05 P.M. on Tuesday, September 3, 2002. Sheriff Harris stated that the bids were not opened at 4:05 p.m. due to improper notification to the people to bid. Therefore, they requested authority to go out to bid again. Robert Stokes stated they had already re-noticed this through the paper in anticipation that the Board would put this upon the next agenda. MOTION: Commissioner Lloyd moved to put the bid For the five (5) 2003 FOUR-WHEEL DRIVE, FOUR PASSENGER, FOUR DOOR, POLICE PACKAGE VEHICLES upon the next agenda. Commissioner Russell seconded the motion. The motion was passed unanimously. Washoe County Forensic Support Services Agreement: Sheriff Harris requested approval of a Forensic Support Services Agreement between the Elko County Sheriff s Office and the Washoe County Sheriff s Office. He stated this was an annual renewal. MOTION: Commissioner Lloyd moved to approve a Forensic Support PAGE 2
Services Agreement between the Elko County Sheriff s Office and the Washoe County Sheriff s Office. Commissioner Russell seconded the motion. The motion was Personnel Issues: The Board considered a request to appoint Adrienne Brensel to a permanent Jailer position from a temporary appointment. Sheriff Harris noted Adrienne had been the animal control person and was assigned to the jail when that person had an injury and retired. MOTION: Commissioner Nannini moved to appoint Adrienne Brensel to a permanent Jailer position from a temporary appointment. Commissioner Russell seconded the motion. The motion was The Board considered a request to fill a vacant Jailer position in the Jail. Sheriff Harris reported that the jailer had been off for an extended time and she had exhausted all of her leave. He stated that they have noticed her that if she cannot come back to work with a full doctor s release, they would terminate her employment. He understood that she may file a grievance through the Association and possibly through ADA. Commissioner Ellison inquired if they were setting themself up if they fill this position. He inquired if they could legally replace this position. Sheriff Harris stated the individual was not injured at work. Kristin McQueary believed that the situation had been handled correctly by the Sheriff s department and the individual had filed a grievance. She noted in her opinion they were performing it correctly and they could not stop people from objecting. Commissioner Ellison noted Sheriff Harris stated it was not an on the job injury. MOTION: Commissioner Lloyd moved to grant the request to fill a vacant Jailer position in the Jail. Commissioner Ellison seconded the motion. Commissioner Roberts did not believe they could continue without knowing when the individual would return. The motion was The Board considered a request to appoint Connie Manley to a full-time animal control position from a part-time appointment. Sheriff Harris stated that they had hired Connie as part-time when Adriene went to the jailor position. MOTION: Commissioner Nannini moved to appoint Connie Manley to a fulltime animal control position from a part-time appointment. Commissioner Ellison seconded the motion. The motion was ELKO COUNTY JUVENILE PROBATION DEPARTMENT: Juvenile Detention Report and the Juvenile Probation Department: Pat Plaster, Chief Detention Officer, submitted the written monthly report inclusive of only seven in custody today. Within the Probation Department, they had 46 crime reports, 52 traffic, 19 into detention, 91 on formal probation, with 83 pending cases. Pat Plaster stated they had collected $40,000.00 for the month but $35,000 was detention PAGE 3
fees. She stated that amount included the quarterly billing for the contract beds through June. She reported there were 87 court hearings and they committed 1 to the State. Pat Plaster stated there was a new tile floor in detention. Commissioner Roberts noted a jump in the number of pending cases. Pat Plaster stated the cases tended to stacked up within the Court system. Pat Plaster requested approval of a contract with the Bureau of Indian Affairs for Detention Services. She stated they modified the agreement, raised the contract bed to $100.00 per day and the addition of $20,000 to the contract. MOTION: Commissioner Nannini moved to approve a contract with the Bureau of Indian Affairs for Detention Services. Commissioner Ellison seconded the motion. The motion was passed unanimously. Commissioner Nannini stated that he had spoken to the Board about the parking problem and he would met with her next week upon that issue. ELKO COUNTY TELEVISION DISTRICT: Commissioner Roberts inquired if anyone from the Television District was present. There was no representation from the Television District. COUNTY MANAGER AND COMPTROLLER OFFICES: Chief Financial Officer/Comptroller: Approval of Claims: The Board reviewed the claims submitted for approval. MOTION: Commissioner Ellison moved to approve the submitted claims. Commissioner Nannini seconded the motion. The motion was Approval of Travel Requests: The Board considered approval of the pending travel requests. MOTION: Commissioner Lloyd moved to approve the pending travel requests. Commissioner Nannini seconded the motion. The motion was Human Services Department: Step-raise increases: The Board considered approval of step increases for Sheriff s Employee Association Bargaining Unit, effective September 1, 2002: Aitor Narvaiza and Brian Switzer. MOTION: Commissioner Lloyd moved to approve the step increases for Sheriff s Employee Association Bargaining Unit, effective September 1, 2002: Aitor Narvaiza and Brian Switzer. Commissioner Ellison seconded the motion. The motion was PAGE 4
COMMENTS BY THE GENERAL PUBLIC: No public comments were submitted. COUNTY COMMISSIONERS AND COUNTY STAFF COMMENTS: Commissioner Russell stated he was disappointed that no one came from the TV district to speak to them. He noted that they acknowledged they had no legal authority over the elected officials of the TV District but they had received questions from the constituents. He stated he paid taxes to the TV district. He had hoped they would be present to answer some questions and how they operate and participate within the community. He stated that they were elected officials. He noted that his phone number was listed and felt there should be accessibility to these TV directors. He had reviewed the records and statutes concerning the TV District. He was disappointed the public elected officials did not inform the constituents. Commissioner Russell stated he had received complaints that their meeting times were not regular and not at a regular place. In his research he discovered that the TV District did have regular meetings and they post the notices of their meetings. Commissioner Russell stated he had viewed the statutes, the audit and reviewed the minutes. He had hoped they would be available to the public. Commissioner Ellison noted that the cable TV was present. Commissioner Roberts noted that the county TV district representation was not at the meeting. Commissioner Russell inquired if the cable company had any comments to the Board. Frank Mingolla of Charter Communications requested if they had any questions. Commissioner Russell noted that the cable people were very receptive to the public. ELKO COUNTY DISTRICT ATTORNEY S OFFICE: State of Nevada V. Smith Properties Delinquent Tax Case, APN 010-740-002, APN 010-740-0A2: Gary Woodbury reviewed the case status inclusive of the Smith Properties bankruptcy proceedings and proposed property sale. Gary Woodbury discussed the potential impacts of the proposed sale of the Smith properties upon the employees, local businesses, the City of West Wendover, the Elko County School District and the County of Elko. He stated that pursuant to the request of the Elko County Commission he had prepared a press release concerning the meeting that was held on September 5, 2002. He read the press release into the record: The Elko County Commission, Treasurer, and Assessor meet in closed session on September 5 th to receive the report from the Elko County District Attorney s Office concerning the Peppermill s allegations that the State Line had materially breached the contract wherein the Peppermill was to purchase the bankrupt State Line and Silver Smith Casinos and the termination of that Contract of Sale by the Peppermill and to discuss litigation priorities, options and strategies. The Elko County Commission reaffirms that its principle concern is to keep the doors of the State Line and Silver Smith Casinos open now and in the future and to keep the 982 employees working. The upheaval to the lives of the employees and their families caused by the continuing uncertainty is a matter of the greatest concern to the Elko County Commission. The PAGE 5
Commission recognizing that enormous sums of money are involved and that the County has little ability to control events has again requested counsel to conduct the litigation in a way that takes account of that priority. The Commission was mindful too that the budgets of the School District, the City of West Wendover and Elko County were being dramatically affected by the failure of the bankrupt entities to pay past and ongoing property taxes and that the potential loss of 20% of the West Wendover work force would be devastating to everyone concerned now and far into the future. Elko County will therefore be joining other concerned parties in seeking the removal of the debtor s from management and control of the State Line and Silver Smith entities and the replacement thereof by the United States Trustee. MOTION: Commissioner Ellison moved to adjourn the meeting. Commissioner Russell seconded the motion. The motion was There being no further business to come before the Board, the meeting was adjourned until September 18, 2002. ATTEST: MARILYN TIPTON, Deputy Clerk APPROVED, BRAD ROBERTS, Chairman PAGE 6