STATE OF NEVADA, )

COUNTY OF ELKO. ) ss. JUNE 7, 2006

The Board of Elko County Commissioners met on June 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

Library Ast. Dir. Laura Oki

Planning & Zoning Dir. Randy Brown

Public Works Dir. Lynn Forsberg

Undersheriff Bernie Curtis

- - -

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 public comments were submitted at this time.

NEVADA FIRE SAFE COUNCIL:

Mike McCarty, Northeastern Nevada Coordinator for the Nevada Fire Safe Council, reported that the Fire Safe Chapter in Ryndon/Osino/White Rock/Elburz (ROWE) had been awarded a $110,000 grant. Said grant was to be utilized to help the community prepare for wildland fires through public awareness, coordinating with BLM on fuel breaks and a portion of that funding would be applied for dry hydrants. He asked that the Board consider approval for the Fire Safe Council to place underground water tanks on County property in the Osino, Ryndon and other possible locations to be used for fire suppression purposes. Mike McCarty stated they had planned on burying a tank for storage of water near the bus stop at Osino between Sherman Creek and Jeff William’s property. He explained it would be buried in the County’s right of way. Randy Brown reported that he had been working with Mike McCarty and reviewed the placement of the storage tank. Randy Brown stated it was in the flood plain but would not be used for potable water and the water would only be used for fire suppression purposes.

MOTION: Commissioner Ellison moved to approve for the Fire Safe Council to place underground water tanks on County property. The motion died due to a lack of a second.

Kristin McQueary noted that tank would be a fixture on County property. She asked who would maintain the tank, who would use it and who would refill it. Mike McCarty replied the Fire District would keep the tank full, check on the plumbing and fixtures and make sure everything worked properly. He commented that they were also thinking of putting some of the tanks on private property and having the private property owner relinquish availability to the Fire District to use water for fire suppression. Mike McCarty noted they were looking at locating the tanks strategically throughout the communities. He stated one tank may be placed on the RPP property in Ryndon and one was to be placed in the Elburz area. He explained that the tenders would be able to draft from those tanks and the dry hydrants would be self sufficient.

Commissioner Eklund-Brown inquired if the railport had a fire station would this be accessory equipment to that facility. Mike McCarty replied they would be available because there was a twenty year life expectancy on those tanks. He commented that most fire stations had access to a water well or availability to fill their own equipment. Robert Stokes noted that the Nevada Fire Safe Council had a short time frame with which to install these tanks and requested that if the Commission approved this planning that they authorize the Planning and Zoning Director and the County Manager to approve other locations for the water tanks. Commissioner Russell inquired if the Fire Safe Council would come back to the Board to pursue more funding for completion of these projects during the process of installing these tanks in the ground. Mike McCarty stated that the grant should be sufficient enough to cover all these operations. Commissioner Nannini asked if they would make an effort to collect rainwater to fill those tanks. Mike McCarty stated there was the possibility of drafting from the creek, but it would take a huge catch basin to fill the tanks.

MOTION: Commissioner Ellison moved that they approve the Fire Safe Council to place underground water tanks on County property at Osino and Ryndon and give the County Manager and Planning and Zoning authorization to help locate other locations about the County and approve the placement of those tanks. Commissioner Nannini seconded the motion. The motion was passed unanimously.

Mike McCarty left several Fire Safe Council brochures with the Board members.

NORTHEASTERN NEVADA REGIONAL RAILPORT:

Commissioner Ellison excused himself from the room because of a conflict of interest.

Chairman Russell reminded them of the upcoming groundbreaking ceremony that was scheduled on June 23, 2006 at 3:00 p.m. on site at the property in the Osino area for the Northeastern Nevada Regional Railport. Commissioner Myers reported the subcommittee had held several meetings. They had discussed timelines and zoning with Randy Brown giving them some guidance. They had also talked about a fire station, water to the facilities, and how to address the sewage. Randy Brown would like to see them establish the type of uses in the industrial park, and felt there should be public involvement. He noted the subcommittee had asked him to write the Statement of Qualifications for the Master Plan. Randy Brown believed the Land Use Master Plan could be initiated now but to draft a professional based Master Plan it would take over six months in planning. He believed they would be starting the Master Planning process in September continuing through November or December. Commissioner Eklund-Brown inquired if there was a deadline on the State grant funding. Cash Minor commented that June 21, 2006 would be the regulation hearing. He noted they had expended two million dollars to qualify for the $500,000 grant funds and assumed they would have to expend or be committed to two million dollars during this fiscal year to obtain the other $500,000 as their next match. Commissioner Russell noted that local businesses were expressing an interest in that particular site. Commissioner Myers felt they wanted to keep County property for rail use or for rail-types of businesses. Randy Brown cautioned that they should not sell all the property before the County went through the planning process. Commissioner Eklund-Brown commented that the County could do deed restrictions and zoning. Randy Brown noted that technology changed daily and the zoning would have to go through the Planning Commission. Commissioner Russell understood they projected starting in September and that they were working on a Statement of Qualification for the Master Plan for infrastructure. He inquired when they would get an individual to start that infrastructure design. Randy Brown stated that they had talked about going out with job specifications this month. Commissioner Eklund-Brown reminded them they would have the Phase II and Phase III reports from Railroad Industries Inc., by midmonth July.

Commissioner Nannini inquired if the County had fully purchased the property. Cash Minor acknowledged that the County owned the property but the previous owners had six months to remove their cattle and other personal property. He believed that Commissioner Ellison no longer needed to leave the meeting room while the Board was discussing this matter. Robert Stokes stated the District Attorney’s Office was reviewing that. Commissioner Myers noted the Board was talking about expending taxpayers’ money and felt Commissioner Ellison should be present to represent his district. He asked that be reviewed again by the District Attorney’s Office. He acknowledged that Commissioner Ellison did have adjacent property but that was not why the County purchased that property.

The Board scheduled a special meeting on July 20, 2006 at 1:30 p.m. to review and accept the second and third phase of the feasibility study.

Randy Brown clarified that there were two Statements of Qualifications: 1) Master Plan of the Industrial Park and 2) Master Plan for the transloading facility. Kristin McQueary suggested that they get the zoning changed on those parcels and felt they needed to follow that process. Randy Brown believed that the zoning would automatically change from Open Space to public upon the purchase of the property. Kristin McQueary felt that should be made clear in the Master Plan that each individual who bought the property would have to come in and request a zone change. Commissioner Russell asked that Randy Brown discuss this issue with Kristin McQueary at another time. Commissioner Eklund-Brown suggested that they contact the Attorney General’s Office regarding proceeding with the railport. Kristin McQueary noted that there was case law that the County would have to follow its’ own rules. She questioned if the Commission would establish a governing body for this facility. Robert Stokes recommended that the subcommittee discuss the zoning issue.

Commissioner Eklund-Brown noted that since Commissioner Russell would not be able to attend the groundbreaking ceremony she suggested that he submit his comments to whoever would do the presentation.

LIBRARY BOARD OF TRUSTEES/LAW LIBRARY BOARD OF TRUSTEES:

Laura Oki, Acting Library Director, reported that there was no meeting held last month. She thanked Kristin McQueary because the construction company had come and worked on the roof. Laura Oki stated the contractor had given them a list for Ron Eastwood to work on with regards to maintenance. Commissioner Eklund-Brown inquired if that was still under warranty. Kristin McQueary noted the warranty was only on material failure.

Laura Oki reported that over 300 children had signed up for the Summer Reading Program.

Commissioner Eklund-Brown inquired if they were holding interviews for the Director’s position. Laura Oki replied that interviews would be held next week for that position.

Chairman Russell called the Town Board of Jackpot to order at 2:15 p.m. and adjourned the Jackpot Town Board at 2:27 p.m.

ELKO COUNTY HUMAN AND SOCIAL SERVICES:

County Policy Revision - “Family Medical Leave Act”:

The Board considered the approval of the revision of the County’s “Family Medical Leave Act” Policy to bring the policy in compliance with current federal law. Robert Stokes stated the major revision in the policy was to utilize the form that the County sent to the physician to back up the request for the family leave which was in compliance with federal law.

MOTION: Commissioner Ellison moved to approve the revision of the County’s “Family Medical Leave Act” Policy to bring the policy in compliance with current federal law. Commissioner Eklund-Brown seconded the motion.

Commissioner Eklund-Brown inquired if this policy would be consistent throughout all the departments and received an affirmative response. Robert Stokes noted that information, according to HIPPA, would still be protected.

The motion was passed unanimously.

Tripartite Advisory Board:

The Board discussed the appointment of three representatives to the Tripartite Advisory Board as required by the Community Services Block Grant (CSBG) program. The staff recommended appointment of Cash Minor, elected designate, Kathy Jones, low income representative, and Michele Oke, Community/Business Representative.

MOTION: Commissioner Myers moved to appoint Cash Minor as the elected designate to the Tripartite Advisory Board; Kathy Jones, low income representative; Michele Oke, Community/Business Representative. Commissioner Eklund-Brown seconded the motion. The motion was passed unanimously.

Chairman Russell called a recess at 2:27 p.m. and reconvened the meeting at 2:34 p.m. Commissioner Ellison was not present at this time.

2006 COURTHOUSE PAINTING PROJECT:

Pursuant to Notice No. 20-2006, INVITATION TO BID – Exterior Painting of the Elko County Courthouse, the bids were received and opened on May 5, 2006. The Board considered awarding the bid to the lowest responsive-responsible bidder. Cash Minor stated they had only received one quote of $170,000. However, they did not budget that amount for this project. Kristin McQueary recommended that they reject the bids, reduce the scope of the project and rebid it because of the Local Government Purchasing Act.

Commissioner Ellison returned to the meeting room at 2:36 p.m.

MOTION: Commissioner Eklund-Brown moved to reject the bid received on the exterior painting of the courthouse; reduce the scope and rebid the project as such. Commissioner Myers seconded the motion. The motion was passed unanimously.

Robert Stokes expressed appreciation for the cooperation they had received from the one bidder.

NEVADA RURAL HOUSING AUTHORITY (NRHA):

The Board considered giving authorization to transfer Elko County’s tax-exempt private activity bond allocation to the NRHA to be used for financing of residential housing for persons of low and moderate income in the form of Resolution No. 11-2006, entitled: RESOLUTION OF THE BOARD OF COMMISSIONERS OF ELKO COUNTY, NEVADA PROVIDING FOR THE TRANSFER OF THE COUNTY’S 2006 PRIVATE ACTIVITY BOND CAP TO THE NEVADA RURAL HOUSING AUTHORITY.

Commissioner Eklund-Brown disclosed that in the Resolution and transfer it did create a fund which grant fund would go to first-time home buyers. As a Realtor, she may be involved with first-time home buyers but believed that she could make an objective decision on this matter as she is in a general class of Realtors.

Cash Minor explained that the Nevada Rural Housing Authority was asking for the bonding capacity to create programs for first-time home buyers. Cash Minor noted that if the County did not use that funding, then it would revert back to the state. He believed that Southwest Gas had been using some of that bonding for their programs. Commissioner Myers noted they would still qualify for the use of those funds. Commissioner Myers noted that several counties approved it and utilized this program. Cash Minor reported that for 2005 all local governments had a total allocation of 28 million dollars. He noted it was an annual allocation so they would have to apply every year.

MOTION: Commissioner Myers moved to approve RESOLUTION NO. 11-2006, entitled: RESOLUTION OF THE BOARD OF COMMISSIONERS OF ELKO COUNTY, NEVADA PROVIDING FOR THE TRANSFER OF THE COUNTY’S 2006 PRIVATE ACTIVITY BOND CAP TO THE NEVADA RURAL HOUSING AUTHORITY. Commissioner Nannini seconded the motion. The motion was passed unanimously.

CERTIFICATE OF CONGRATULATIONS:

Spring Creek High School Girls’ Track Team:

The Board considered approval of a Certificates of Congratulations to the Spring Creek High School Girls’ Track Team for their 7th Consecutive NIAA 3A State Championship.