STATE OF NEVADA, )

COUNTY OF ELKO. ) ss. SEPTEMBER 7, 2006

The Board of Elko County Commissioners met on September 7, 2006, at 1:30 p.m., in Room 105 of the Elko County Courthouse at 571 Idaho Street, Elko, Nevada.

There were present: County Commissioners Warren Russell, Chair

John Ellison

Mike Nannini

Charlie Myers

Sheri Eklund-Brown

County Manager Robert Stokes

Deputy District Attorney Kristin McQueary

Deputy County Clerk Marilyn Tipton

Sheriff Neil Harris

Juvenile Department Michael Pedersen

Road Supervisor Otis Tipton

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The proceedings were as follows:

CALL TO ORDER:

Chairman Russell called the meeting to order at 1:31 p.m.

PLEDGE OF ALLEGIANCE:

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

COMMENTS BY THE GENERAL PUBLIC:

No comments were submitted from the general public.

Commissioner Russell stated the agenda items continued from yesterday’s agenda would be addressed at the end of this meeting.

CERTIFICATE OF CONGRATULATIONS:

Centennial Ranch Award:

The Board considered approval of a Certificate of Congratulations to Duval Ranch in Ruby Valley for being honored as a Centennial Ranch by the Nevada State Historical Preservation Office in cooperation with the Nevada Department of Agriculture, Nevada Farm Bureau, Natural Resources Conservation Service, Nevada Cattlemen’s Association and the Ag Council.

MOTION: Commissioner Ellison moved to approve a Certificate of Congratulations to the Duval Ranch in Ruby Valley as a Centennial Ranch. Commissioner Nannini seconded the motion. The motion was passed unanimously.

Commissioner Ellison presented the plaque. Don Duval stated they were proud to accept the plaque. Kristin McQueary commented that Don and Grace Duval were good neighbors in Ruby Valley.

SHANTYTOWN COMMUNITY:

The Board considered a request by residents of the Shantytown Community in Ruby Valley for the installation of street names and street signs.

Larry Burton, representing the Ruby Valley VFD Fire Chief and the Ruby Valley Fire Safe Council, commented that a petition had been submitted. He noted a key element of their fire plan was to have signs installed. He stated the County Planning Department came up with street names. He stated a group of citizens approached him and asked that he request the signs be put up. He noted they had recently had medical and fire emergencies and there was trouble locating the incident. He asked them to move forward with the planning efforts.

Commissioner Myers noted he had read Randy Brown’s letter and asked if Mr. Burton had spoken to Mr. Simms and Mr. Gibson. Larry Burton replied he had spoken to Mr. Simms and just recently to Mr. Gibson. He stated Mr. Martin was out last Sunday and the three of them still objected to the installation of street signs. Larry Burton commented that they had a lot of elderly residents who needed medical attention. Commissioner Myers inquired how many residents were in Shantytown. Larry Burton replied approximately 50 residents and they obtained 26 petitioner signatures in three days. Commissioner Eklund-Brown inquired about ownership of the roads and questioned if the County had the ability to sign. Kristin McQueary stated she did not have status of the ownership of the roads. Robert Stokes felt that if they were not dedicated roads they were certainly prescribed roads due to the use of the roads over the years. He noted access to property could not be denied because they had been there for a number of years. Kristin McQueary stated they could put signs up on property where the owners were amenable to having the signs on their property. She suggested a kiosk with a map at the entrance of the town to find locations. Larry Burton stated Mr. Simms and Mr. Martin had mentioned they wanted to see the County assume the road maintenance. He understood that the County did not have the road budget to provide those services. However, Mr. Burton felt the County provided the basic services such as law enforcement, fire protection and medical but the County could not meet that statutory obligation without proper direction. He did not believe Mr. Simms or anyone else could sue for naming the streets. Larry Burton stated Tom Martin had discussed with him a newspaper article showing in 1948 Shantytown was established. He noted the newspaper article stated it went from the Bureau of Land Management lands to private ownership. Tom Martin stated according to the article there was County road maintenance up to 23 years ago. Commissioner Eklund-Brown noted that the majority of the people had signed the petition and there were health and safety issues because of being unable to find the location of the emergency. Commissioner Ellison believed in the prescriptive easements and asked if Sheriff Harris agreed. Sheriff Harris requested that dispatch have a map of street names in order to respond to the community in the evening hours. He noted then dispatch could give direction to emergency, fire or law enforcement. He agreed signs were necessary for those services.

MOTION: Commissioner Nannini moved in favor of the request from the residents of Shantytown and Ruby Valley for installation of street names and street signs. Commissioner Ellison seconded the motion.

Commissioner Eklund-Brown noted that the County would provide the materials for the signs but the residents would be required to install the signs. Larry Burton stated that they had the Conservation Camp put up signs for them before. Commissioner Russell spoke in favor of the signs and felt that each house in the County should be numbered.

The motion was passed unanimously.

UNR AGRICULTURAL EXTENSION SERVICE:

Robert Stokes stated Jay Paxson could not attend the meeting today but had submitted an updated written report of the ongoing issues and activities of the UNR Agricultural Extension Service. Commissioner Myers inquired about the status on the most recent West Nile Virus case. Commissioner Ellison stated the individual had been transferred to her home.

INSECT INFESTATION ISSUES:

Commissioner Ellison reported that the temperature changed and the fire had destroyed some of the crickets. He inquired if Commissioners Eklund-Brown and Nannini would give a presentation to Carlin and Wells regarding the larvicide and the mosquito eating fish. Commissioner Ellison suggested that Russell speak to the Spring Creek Association about larvicide in their area. He stated that there were two cases of mosquitoes testing positive in the Spring Creek area. He stated the Texas Company was trying to get them some cost estimates.

ELKO COUNTY JUVENILE PROBATION DEPARTMENT: NON-ACTION

Michael Pedersen informed them of the Juvenile Department’s exchange program. He invited the Commission to attend that open house next Friday at 1:00 p.m. to 6:00 p.m. He reminded them next Saturday was the fundraising basketball tournament and expressed their appreciation to the Commissioners for their donation. Commissioner Eklund-Brown inquired about the number of teams participating. Mike Pedersen reported that 22 teams had signed up and they estimated funding 30 scholarships. He stated they anticipated 150 players. He reported that numerous businesses had contributed funding or items for the raffle. Mike Pedersen stated the programs offered by the department were listed under page 6. He reported that last year they had twelve state commitments at this time and this year there were only four state commitments because of their own programs. He stated their desire was to move those kids into their own backyard through the local programs.

Commissioner Ellison noted from January 2006 to August 2006 they had expended $6,948 in legal fees. He asked if they received any legal aid from Nevada Legal Services. Mike Pedersen replied no but they had been training their Probation Officers so they could use them rather than attorneys. However, that did not help when they adjudicated children in Court. Mike Pedersen stated that if there was a fund available he was not aware of it. Commissioner Ellison suggested they look into the new program. Commissioner Eklund-Brown questioned whether it would fall under victims of domestic violence and abused and neglected children. Mike Pedersen stated he would be meeting with them mid-month from now on so they could have further information available at their meetings. Commissioner Eklund-Brown inquired if the Juvenile Department could use the Public Defender’s Office. Kristin McQueary stated when children were accused of delinquent acts, and if they could not afford counsel; the Court appoints them someone. She noted the Public Defender’s Office was overwhelmed with adult cases. Kristin McQueary stated the Court Master weighs their ability to pay and may appoint attorneys to represent the children depending upon the circumstances or severity of the violation. Kristin McQueary felt the County should review the Public Defender’s Fee Agreement with the cities. She noted the juveniles were run through so fast if they put them into the Public Defender’s Office it may create more conflicts. Kristin McQueary suggested they speak with Fred Lee about legal representation of juveniles in that department.

Chairman Russell called the Elko County Liquor Board to order at 2:05 p.m. and adjourned the Liquor Board at 2:07 p.m.

SHERIFF'S DEPARTMENT:

Sheriff Harris reported they had 95 in custody and still had a vacancy for a custodian. He had hired Jim Welch back on a part-time basis to supervise the trustees. He stated they were still trying to fill that custodial position because Jim could not work full time due to his health issues.

Commissioner Eklund-Brown noted they had proposed basic fire training for the road crew and the Elko Police Department was also interested in receiving the BLM basic fire fighting training. She inquired if the Sheriff’s Deputies would like to receive basic fire safety training, fire management techniques and fire behavior training from the BLM. Sheriff Harris replied that he would not make that mandatory because of the current manpower issues they had. He would make them aware of the availability of the training. Commissioner Nannini thanked Sheriff Harris and his Deputies for their help during the fire season. Sheriff Harris noted there were two deputies he would put in for accommodations with regards to their efforts while on the Mori Fire. He stated those Deputies were instrumental in evacuating a woman and child during that fire. Sheriff Harris stated they had everyone out on the fire in Kittridge Canyon. Commissioner Ellison requested their names be submitted to the County for recognition.

Commissioner Nannini noted an issue had come out about the expansion of our jail. He inquired if the Board Members understood how they could expand that jail in a simple way of adding pods. He stated they could have the architect come in and explain the expansion through the additional pods. Commissioner Nannini noted the preliminary engineering had been performed for those pods. Commissioner Russell asked for a presentation on the ability to expand those detention facilities. Sheriff Harris stated they could tour the facility and he could show where the expansion would be added to the existing structure. Commissioner Nannini noted that they could add one to three pods. He noted that construction costs had increased but the pods could be easily done. Sheriff Harris stated the female population was critical and he requested a pod for the female population.

Commissioner Eklund-Brown inquired about an update on radio communications. Sheriff Harris stated the 8th of October would be the next State Radio Communications Meeting in Carson City. He stated funding was available through the Homeland Security Funds. He reported they had submitted two grant applications but had not received any information on those grants.

Installation of Privacy Glass:

The Board discussed a request for the approval to install privacy glass in various locations in the Elko County Detention Facility for security concerns.

Sheriff Harris stated a lady had come to visit and viewed a male inmate naked in a holding cell. He stated the glass company suggested a glass wall to prevent visitors from looking into the cell areas and the library. Sheriff Harris felt they could do this glass installation in phases. He recommended the glass by the control room be installed in the first phase. Commissioner Russell inquired if this amount was in the budget. Sheriff Harris replied it was not in the budget. Commissioner Nannini inquired if Sheriff Harris could split the costs on the project. Sheriff Harris felt some of the costs could come out of his building repair funds. He had received a quote in June. Commissioner Ellison noted the price of materials would go up. Sheriff Harris stated the glass company was interested in doing the installation in November.

MOTION: Commissioner Nannini moved that they do the whole project and that the County pay half of the $8,198.33 to install privacy glass in various locations in the Elko County Detention Facility for security concerns out of contingency. Commissioner Ellison seconded the motion. The motion was passed unanimously.

TUSCARORA TAVERN PROJECT:

Robert Stokes reported on the project to stabilize the historic Tuscarora Tavern utilizing a grant from the State Historic Preservation Office. He stated they had concerns that there may be no bids received on the 12th of September. He commented upon the grant application deadlines and the time frames with SHPO. Robert Stokes stated that before they can negotiate with a contractor they have to bid twice. He requested authority to re-bid immediately after the 12th of September if no bids were received. Commissioner Eklund-Brown inquired how many contractors attended the pre-bid meeting. Robert Stokes stated one contractor showed up and left before the meeting and one contractor stayed.

MOTION: Commissioner Eklund-Brown moved to authorize staff to go immediately to bid in the event that the bidding process did not solicit any bidders for the Tuscarora Tavern Project. Commissioner Ellison seconded the motion. The motion was passed unanimously.

ELKO COUNTY ASSESSOR:

The Board considered approval of an Appraiser Trainee position and a part-time Receptionist position in the Assessor’s Office. As part of the budget, an Appraiser III position was approved by the Commission. Recruitment efforts have failed to fill the Appraiser III position. It was proposed, that in lieu of the Appraiser III position, to approve the trainee position and a part-time Receptionist position without an increase in the Assessor’s Budget.